Driver must give signal to other vehicles before stopping on highway: SC while awarding Rs 91 lakh compensation in a sudden braking case

New Delhi: The Supreme Court, while awarding Rs 91 lakh compensation to an engineering student who lost his leg in a road accident in Coimbatore, said that if a driver intends to stop his vehicle on a highway, he/she has a responsibility to give a warning or signal to other vehicles moving behind on the road.

A bench comprising Justice Suddhanshu Dhulia and Justice Aravind Kumar was hearing an appeal filed by S Mohammed Hakim, an engineering student, whose left leg had to be amputated after he lost his leg in a road accident in Coimbatore.

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Hakim, on January 7, 2017, was riding on a motorcycle along with his friend on the pillion and a car driver, who was ahead of Hakim’s motorcycle, suddenly applied the brakes of his car and Hakim dashed his motorcycle into the rear side of the car and fell on the right side of the road. A bus coming from behind drove over Hakim, which resulted in the accident and later amputation of Hakim’s left leg during treatment.

The car driver admitted in his evidence that he had suddenly applied the brakes as his wife was pregnant and she had a vomiting sensation.

“In our view, the concurrent finding that the appellant (Hakim) was definitely negligent in not maintaining a sufficient distance from the vehicle moving ahead and driving the motorcycle without a valid license is correct. But at the same time, it cannot be ignored that the root cause of the accident is the sudden brakes applied by the car driver,” the bench said.

“The explanation given by the car driver for suddenly stopping his car in the middle of a highway is not a reasonable explanation from any angle. On a highway, high speed of vehicles is expected and if a driver intends to stop his vehicle, he has a responsibility to give a warning or signal to other vehicles moving behind on the road,” the bench added while allowing Hakim’s plea challenging the Madras High Court order reducing the compensation awarded to the appellant in a motor accident case from Rs. 73,29,653 to Rs.58,53,447.

The apex court held that Hakim is liable for contributory negligence but only to the extent of 20 per cent, whereas the car driver and bus driver are liable for negligence to the extent of 50 per cent and 30 per cent respectively. It computed the total amount of compensation as Rs 1.14 crore but reduced it by 20 per cent due to contributory negligence by Hakim. It said that compensation payable to Hakim is Rs. 91,39,253 along with the interest at the rate of 7.5% per annum from the date of filing of the claim petition and it is to be paid to him by the insurance companies of both the vehicles within four weeks.

The Motor Accident Claims Tribunal exonerated the car driver and determined the negligence of Hakim and the bus driver in the ratio of 20:80. Tribunal held that if the bus had not been involved in the accident, Hakim would have suffered normal injuries, and it was mainly the negligence of the bus driver that led to the amputation Hakim’s leg. The Tribunal put contributory negligence of 20 per cent on Hakim for not maintaining a sufficient distance from the car.

The High Court, however, held the car driver and bus driver liable for negligence to the extent of 40 per cent and 30 per cent respectively and made Hakim liable for 30 per cent contributory negligence and reduced the payable compensation to Hakim from Rs. 73,29,653 to Rs. 58,53,447 along with interest.