In a significant ruling, the Supreme Court has reaffirmed that contributory negligence in motor vehicle accidents cannot be presumed without direct or corroborative evidence. The Court cited its earlier decision in Jiju Kuruvila v. Kunjujamma Mohan (2013) 9 SCC 166, emphasizing that an accident cannot be attributed to the rash and negligent driving of both parties merely on the basis of an allegation or high-speed driving.
The bench, comprising Justice Sanjay Karol and Justice Prashant Kumar Mishra, was hearing an appeal against a Karnataka High Court judgment in a motor accident claims case. The case involved the death of a 38-year-old man in a collision between his motorcycle and a BMTC bus. While the Tribunal had awarded a compensation of ₹75,97,060, the High Court assigned 25% contributory negligence to the deceased, reducing the final compensation.
Disagreeing with the High Court’s findings, the Supreme Court ruled that there was no evidence to support the claim of shared negligence. It also criticized the High Court’s decision to lower the deceased’s monthly income to ₹50,000, despite a payslip proving his earnings were ₹62,725.
Citing the Motor Vehicles Act, 1988, the Court reiterated that strict evidentiary rules from criminal trials do not apply in compensation cases. Overturning the High Court’s ruling, the Supreme Court enhanced the compensation to ₹1,20,84,925, reinforcing the principle that contributory negligence cannot be assumed without solid proof.
