Hello friends, We all know how dangerous and tragic road accidents can be. Many times someone loses his life in an accident, and then their family has to fight a long legal battle for justice and compensation it seems so unjust, isn’t it? One such case came before the Supreme Court, in which the court made it clear that “contributory negligence” cannot be considered in a road accident unless there is direct or confirmed evidence for it. This decision is a big relief for those families who are struggling to get compensation after road accidents. Let’s understand this whole matter in detail.

What was the whole matter?

This case is related to the Karnataka High Court, where a 38-year-old man’s motorcycle collided with a BMTC bus. The person lost his life in this tragic accident, and his family claimed compensation. The tribunal ordered compensation of ₹75,97,060/- to the family, but the High Court changed this decision and said that the deceased was 25% responsible for the accident. The High Court said that both the vehicles were moving at high speed, so both were at fault in the accident. But when this matter reached the Supreme Court, the court declared the High Court’s decision wrong.

Why did the Supreme Court change the High Court’s decision?

The Supreme Court cited the Jiju Kuruvila vs Kunjujamma Mohan case given in 2013 in this case, in which it was clearly stated that unless someone has any concrete proof, it cannot be said that the accident happened due to the negligence of both parties. The court also said that “just making allegations is not enough, unless there is any concrete evidence, no one can be held guilty.” Apart from this, the High Court also reduced the monthly income of the deceased to ₹ 50,000/-, whereas this amount was ₹ 62,725/- in his salary slip. The Supreme Court also termed this wrong and ruled to give full rights to the family.

Why is this decision important?

This decision is a relief for all those people who have lost a family member in road accidents and are fighting for justice. It is often seen that without any concrete reason, it is assumed that the victim was also responsible for the accident. But this decision of the Supreme Court makes it clear that if any accident happens, then the responsibility of proving it will be of the party who is claiming that the victim was also at fault. Another major impact of this decision will be that now the process of getting compensation for road accidents will be more transparent and equitable.

What does the law say?

Under the Motor Vehicles Act, of 1988, road accident cases do not have the same strict rules for getting compensation as criminal cases. That is, if a family should get compensation, it cannot be stopped just because the evidence is not as strong as in a criminal case. This means that if someone has a salary slip, witnesses, or other evidence, then the decision to give compensation can be made based on them. Friends, this decision raises hope of justice for every victim’s family. If this has happened to someone you know, then tell them that they cannot be proved wrong without proof. This decision of the Supreme Court shows that if you are right, then you will get justice, even if it is late.

Disclaimer: Friends, this article is written only to give you information. If you need legal advice, please contact a lawyer. Court decisions may vary from case to case, so it is important to seek proper advice before taking any legal action.

Also Read:

Supreme Court Slams Overpriced Lawyers: Justice Must Be Accessible to All

What is Tort Law: Legal Concepts and Practical Examples 

Comprehensive Law of Torts Notes: Key Principles and Case Studies