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Meera Devi and Another v. H.R.T.C. and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5764 of 2008)Decided 10 Mar 2014
Civil Appeal No. 5764 of 2008
Chief Justice P. Sathasivam · Justice Ranjan Gogoi · Justice N.V. Ramana

Background

The appellants' son died after his scooter collided with a Himachal Road Transport Corporation bus in May 2001. The tribunal found the bus driver negligent and awarded ₹3,17,200 with interest. The High Court halved that award because the scooter rider was under 18, treating him as equally responsible for the accident.

Decision Breakdown

The Court held that contributory negligence required convincing evidence that the scooter rider's driving contributed to the accident. The evidence showed that he was on his correct side, while the bus approached a curve at high speed without sounding its horn. There was no specific evidence of negligent scooter driving to justify the equal division of responsibility. The Court allowed the appeal, set aside the High Court's reduction and restored the tribunal's award with interest.

Lesson Learnt

An injured person's age or lack of permission to drive cannot by itself justify reducing accident compensation. The party alleging contributory negligence must show how that person's conduct helped cause the collision.

Official source (sci.gov.in)View Judgment (PDF)

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