[airbus]

While we have been discussing on this topic for quite sometime, here is a judgement from the Madras High Court, which should create a judicial precedent.

High time to re-think assumption that driver of the bigger vehicle is always responsible for motor accidents: Madras High Court.

It is high time to rethink the assumption that in motor vehicle accidents, the driver of the bigger vehicle would be primarily responsible for the accident, the Madras High Court recently observed (The Branch Manager, Tamil Nadu State Transport Corporation v. Marimuthu).

Justice K Murali Shankar made the observation in a case where it was found that the driver and passengers of a two-wheeler that had collided with a State transport bus also contributed to the accident.

"It is high time for all stakeholders to review our mind-set that in cases of road accidents involving big and small vehicles, fixing the driver of the big vehicle as tort-feasor, as in majority of cases FIRs came to be registered against the driver of the big vehicle and investigations are being carried out in such a way to make that driver is responsible for the accident. It is also high time for all who are dealing with motor accident claims to review our mentality in considering the plight of the injured victim or the legal heirs of the deceased victim sympathetically and awarding of compensation in the accidents occurred by violating the Laws and Rules," the judgment said.

...

The Court was dealing with an appeal moved by the Tamil Nadu State Transport Corporation (TNSTC) challenging a 2015 order directing the TNSTC to pay Rs 6.62 lakh with 7.5% interest per annum as compensation for the death of one, Govindraju, owing to a bus-motorcycle collision.

...

In this case, Justice Shankar pointed out that the two-wheeler was bearing three adult passengers, which meant that the drivers legs and hands were restricted, that the vehicle would be bearing more pressure than it was designed for and that the rider would not have had full control over the vehicle.

"The efforts required from the rider to maintain the acceleration level would affect or divert his attention and concentration," the Court said.

The Bench, therefore, ruled that the motorcycle driver and passengers being four grown-up students, were guilty of negligent driving. Therefore, the Court partly allowed the TNSTC's appeal, holding that 50% of the compensation award should be borne by the claimants.

"Considering the above, this court is of the clear view that not only the two wheeler rider but all the pillion riders are also liable for contributory negligence. Considering the entire facts and circumstances, this court is also of the view that the degree of contributory negligence can be fixed at 50% on the part of the deceased and is fixed accordingly. In the result, the Civil Miscellaneous Appeal is partly allowed, directing the claimants to bear 50% of the amount awarded by the tribunal for contributory negligence", stated the order.

[jpcoolguy]

A welcome move by the High Court, considering the instant justice being served in our country, by the crowds who always assume that the bigger vehicle is at fault.

One of the main reason, I installed a Dashcam in my car, considering our mob mentality, just in case.

[Abhi5868]

Welcome to India, where we have to rely on our honourable High court for validating the obvious. Government should take this a step further and educate the masses about the same, our crowd is highly prejudiced regarding the size of the vehicles.

[DicKy]

So till now, even officially. Like even in the courts it was assumed that the bigger vehicles were always responsible for accidents!!

What a twisted way of thinking.
The opposite should be true. Smaller, more nimble and able to avoid collisions at all.

[gkveda]

How do we ensure this gets imbibed into people? Lorry drivers, many times, run away and abscand from their vehicles after accidents due to no fault of theirs, just to avoid people mob psychology of bigger is at fault.

Unfortunately, our courts do remain far away and isolate themselves from the efforts of changing the society and behaviour. If they start contribution to changes required, probably it helps in changing behaviour of people on roads

[partishs]

Agree with the judgement. I have myself faced this once. Was standing on a traffic signal in Chandigarh in middle lane as I had to go straight. One bike with a couple with 2 kids was standing on my left. None was wearing a helmet apart from driver. When the signal went green the guy suddenly accelerated, took a right turn and came in front of my car. Luckily I was vigilant and hadn't accelerated yet so applied braked and stopped. In case I would have accelerated, there were huge chances of accidents and possible casuality as no one was wearing helmets.l apart from driver. And in this unforseen situation of an accident, everyone would have blamed me as I was on a car and that guy was on a bike.