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 also expressed concern that despite penal laws and awareness programmes conducted by the government and various NGOs, people have not changed. "Every road user owes a duty of care and caution and is duty bound to drive their vehicles in such a way not to endanger themselves and more importantly not to endanger the pedestrians, cyclists, two-wheelers and other vehicle users", the judge emphasised. .The Court further took note of statistics which indicated that two-wheeler accidents constituted a large portion of all motor vehicle accidents. ."As per the statistics available for the past two years excluding the Corona year of 2020, in 2018 India ranked 1st in the road accidents across 199 countries with total accidents at 4,67,044 in which two wheeler accidents accounted for 35.2%, the highest in all categories of vehicles. It is pertinent to note that in India, the state of TN stood 1st in the number of accidents. In 2019, total accidents occurred were 4,37,396 in which 38% of victims of road accidents were riders of two-wheelers," the Court observed. .The case before the Court.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..The TNSTC claimed that the motorcycle-driver was responsible for the accident. The Court was told that the scooter bore three adult passengers (apart from the driver) at the time of the accident and that it had come towards the bus from the wrong side of the road (right side) after it overtook a lorry. .While the bus had tried to divert its course, the motorcycle was driven rashly and ended up colliding head-on with the bus, leading to the death of Govindraju, the TNSTC submitted. .On the other hand, Govindraju's family members (claimants) asserted that it was on account of the bus-driver's negligence that the accident had occurred. .The High Court, however, pointed out that since the motorcycle is generally designed for two travellers, it is already any offence under the Motor Vehicles Act when more than two passengers are carried on the vehicle. .This, by itself, would not lead to a finding that the motorcycle driver and passengers had contributed to the accident, the Judge clarified. Whether or not the motorcycle driver is guilty of contributory negligence would depend on the facts, the Court said. .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. .[Read Order]