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by Admin
07 May 2024 2:49 AM
In a significant judgment, the Bombay High Court has held that driving a 70 feet long trailer without brake lights or tail lamps constitutes grievous negligence. The ruling came in the case of The New India Assurance Co. Ltd. Vs. Smt. Mangal Ravindra Divate and Others.
The appeal concerned the attribution of negligence in a vehicular accident under the Motor Vehicles Act, focusing on whether the absence of tail lamps and brake lights on a trailer truck contributed to a fatal accident.
The incident involved a collision between a trailer truck and a Maruti car. The truck, lacking tail lamps and brake lights, was abruptly stopped on the road at night. The car driver, unable to notice the stationary trailer, crashed into it, leading to fatal injuries. The Tribunal earlier held both drivers 50% contributively negligent.
Negligence Attributed to Trailer Truck: The High Court found that the trailer truck’s lack of brake lights and tail lamps at night significantly contributed to the accident, overturning the Tribunal’s 50-50 negligence split. Justice Shivkumar Dige observed, “Had there been tail lamps or brake lights, the deceased could have noticed that the trailer is going to stop.”
Issue of Valid Driving License: The Court dismissed the Insurance Company’s claim that the truck driver lacked a valid license due to insufficient evidence, emphasizing the need for more robust proof.
Compensation Recalculation: Adjusting the Tribunal’s compensation assessment, the High Court reduced the non-pecuniary damages, recalculating the total compensation based on loss of dependency, consortium, loss of estate, and funeral expenses.
Judgment: The appeal was partially allowed. The Court granted enhanced compensation to the claimants, instructing the Insurance Company to deduct an excess amount awarded by the Tribunal and pay the remainder with interest.
Date of Decision: 12th March 2024
The New India Assurance Co. Ltd. Vs. Smt. Mangal Ravindra Divate and Others
