Recently, the Gujarat High Court stepped in to examine whether a deceased biker could be blamed for crashing into a dangerously parked stationary truck on a highway at night without any warning indicators. The case arose from a fatal accident near Unjha, where the victim’s family challenged a tribunal’s finding that the biker himself was 30% negligent despite allegations that the truck had been left partially on the road without parking lights, reflectors, or caution signals.
The controversy began when the deceased was riding his Activa scooter towards Mahervada with his sister-in-law as a pillion rider, when he allegedly crashed into a truck parked on the highway without any warning indicators or parking lights. According to the claimants, headlights from oncoming vehicles momentarily blinded him, causing his scooter to ram into the rear side of a truck allegedly stationed carelessly on the highway. The victim suffered severe head injuries and later died during treatment. His widow approached the Motor Accident Claims Tribunal, which awarded compensation of nearly ₹5.96 lakh but also held the deceased contributorily negligent.
The Counsel for the family argued before the High Court that the truck driver had violated Sections 122 and 126 of the Motor Vehicles Act by parking the vehicle without indicators or obstruction signs, while the Insurance Company maintained that the biker himself was responsible because he struck the truck from behind.
Justice Mool Chand Tyagi came down heavily on the manner in which the truck had been parked, observing that the evidence clearly showed that “half portion thereof was on the road and the remaining half portion was off the roadside, without any indicator, parking signal or obstruction being placed so as to caution approaching vehicles.” The Court noted that the accident occurred around 7:30 p.m. and emphasised that, in darkness and amid glaring headlights from approaching traffic, “it would have been difficult for the deceased to notice the truck parked on the road.”
The Bench further pointed out that the Insurance Company failed to examine the truck driver to counter the claimant’s version. Calling the parking of the truck a “gross violation” of statutory duties under the Motor Vehicles Act, the Court concluded that the Tribunal’s finding of contributory negligence was legally unsustainable.
Consequently, the Court overturned the negligence finding against the deceased, held the truck driver wholly responsible for the accident, and enhanced the compensation from ₹5.96 lakh to ₹9.25 lakh with 9% interest.
Case Title: Patel Jashiben Govindbhai Wife of Decd. & Ors. Vs. Shaitan Singh S/O Arjun Singh & Anr.
Case No.: R/First Appeal No. 1902 of 2022
Coram: Hon'ble Mr. Justice Mool Chand Tyagi
Advocate for the Appellant: Adv. Archan Hirpara With, Adv. Kaash K Thakkar, Adv. Mr Kk Thakkar
Advocate for the Defendant: Adv. Ms E.Shailaja
Read Judgment @Latestlaws.com
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