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If there is a collision while driving carefully, then there is no negligence in itself, important decision of the Supreme Court

Highlights

  • In the case of road accident, the Supreme Court changed the decision of the High Court
  • The Karnataka High Court had convicted the car driver who died in the accident.
  • The wife and children of the car driver had appealed in the Supreme Court

New Delhi
The Supreme Court has said that the role of the person who is being accused of negligence in a road accident case should be in default. If someone drives the vehicle with caution and fails to avoid a collision, it cannot in itself amount to negligence. A bench headed by Justice Hemant Gupta of the Supreme Court made this observation while hearing an appeal by a woman and her children against the decision of the Karnataka High Court.

The High Court had said that the husband of the woman who has died is also guilty of negligence. The woman’s husband was driving the car when the truck collided. The Supreme Court overturned the High Court’s decision and held that failing to avoid collision by taking extraordinary precautions is not negligence in itself. The top court said that the decision of the high court is not based on evidence but only a conjecture. The High Court had said that if the driver had driven the car carefully under the traffic rules, then that incident would not have happened.

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Instructions to pay 5 lakh compensation with 9 percent interest
The Supreme Court, while reversing the High Court’s decision, said that there is no fact on record that the driver of the car was not driving the car at medium speed and did not obey the traffic rules. The Supreme Court accepted the appeal of the deceased’s wife and children and modified the High Court’s decision. Supreme Court directs women and children to be paid Rs 5 lakh with 9 per cent interest. The incident is of February 10, 2011. The truck collided with the car. It is alleged that the truck driver had suddenly stopped the truck and the car collided with him, due to which the driver of the car died.

apex court's decision on road accident

apex court’s decision on road accident

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