Person tailgating liable for accident if it occurs, says SC
While adjudicating a motor accident claim in an accident involving a bike, a car and a bus in which bike rider collided with the four wheeler and was hit by a truck after falling down resulting in 100% physical disability, a bench of Justices Sudhanshu Dhulia and Aravind Kumar found fault with all three who were driving vehicles. The court said that the car driver was at fault for suddenly applying brakes in the middle of the road and the biker also committed a mistake as he was not maintaining safe distance from the car and also the bus driver whose negligence resulted in grievous injury and led to the amputation of a leg of the biker's.
The court rejected the plea of the car insurer which contended that the biker had hit the moving car from behind and the car driver was not liable. The car owner had said that he had suddenly applied the brakes as his wife was pregnant and she had a vomiting sensation at that time, a justification which was rejected by the court.
Examining the role of all three drivers, the court said that the biker, who was an engineering student and lost his one leg, was also liable for contributory negligence but only to the extent of 20% whereas the car driver and bus driver are liable for negligence to the extent of 50% and 30% respectively.
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
Top 15 Prettiest Icons In The History
The Noodle Box
Undo
The tribunal had exonerated the car driver and determined the negligence of the biker and the bus driver in the ratio of 20:80.
The court awarded a compensation of Rs 1.14 crore to the biker but deducted 20% from it due to his contributory role in the accident. It said that since both the offending vehicles (car as well as the bus) were insured at the time of the accident, the liability for the negligence of the car driver and bus driver shall be borne by the insurer.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hans India
a minute ago
- Hans India
MACT awards Rs 21.54 lakh compensation to kin of man killed in 2019 road accident
Thane: The Motor Accident Claims Tribunal (MACT) in Thane has awarded compensation of Rs 21.54 lakh to the kin of a 59-year-old man who died in a road accident in 2019. Arun Mahajan, a supervisor with a pharmaceutical firm, died on August 9 that year after a speeding tempo rammed into several vehicles, including his motorcycle near Pataripul in Kalyan. In the order of August 1, MACT member RV Mohite accepted the claimants' contention that the accident was solely due to the rash and negligent driving of the tempo driver. It also said the tempo was uninsured at the time of the accident and the driver lacked a valid licence for heavy goods vehicle. The MACT said the insurance firm will pay the compensation and then recover it from the vehicle owner. It awarded Rs 21.54 lakh to Mahajan wife and three children. The amount included Rs 17.89 lakh for loss of future income.
Hans India
a minute ago
- Hans India
Three booked for cheating businesswoman of Rs 40.52 lakh in cosmetics manufacturing contract
Thane: Three persons have been booked for allegedly cheating a businesswoman of Rs 40.52 lakh in Thane city, a police official said on Thursday. The three accused entered into a contract with the businesswoman to manufacture cosmetics for her firm and took Rs 40.52 lakh but then did not carry out the agreed works, theVartak Nagar police station official said. A case of cheating was registered on August 4 under Bharatiya Nyaya Sanhita but no arrest has been made, the official said. A detailed probe is underway, the official added.
Indian Express
a minute ago
- Indian Express
ED attaches Rs 29,000 from Mangaluru blast suspect's account, says bomb was supposed to be planted at Dharmasthala temple
The Bengaluru zonal office of the Enforcement Directorate (ED) on Tuesday provisionally attached Rs 29,176 kept in the bank account of Syed Yasin, one of the accused in the 2022 case in which a pressure-cooker bomb accidentally exploded in an autorickshaw in Mangaluru. The agency said the bomb was meant to be planted at the Dharmasthala Manjunatha Swamy Temple. 'Investigations conducted revealed that the ISIS online handler named 'Colonel' had given training over Wicker app/ Telegram etc. to the main accused Mohammad Shariq alias Premraj and other accused persons, to make improvised explosive device (IED)/Bomb and also arranged funds through certain mute accounts and also through crypto currencies which were at times encashed by Syed Yasin and Mohammad Shariq, through PoS agents, for a commission and at some instances the encashed cryptocurrencies were routed through the fraudulently opened mule accounts in FINO Payments Bank,' ED said in a statement on Wednesday, citing the investigation done by the National Investigation Agency (NIA). The NIA, which took over the investigation from the Karnataka Police, has said in its chargesheet filed in the case that the blast was part of an ISIS terrorist plot. According to ED, Rs 2,86,008 was deposited by different cryptocurrency dealers in the mule accounts and Rs 41,680 was collected in cash from point-of-sale agents as part of the terror plot. The amounts were used for buying items online to assemble the improvised explosive device (IED), hiring hideouts in Mysuru city and other places, and also for conducting reconnaissance at various places in Tamil Nadu, Kerala and Karnataka. The bomb was supposed to be planted at the Dharmasthala Manjunatha Swamy Temple, the agency said in its statement. Also, the police had seized Rs 39,228 from Mohammed Shariq at Father Muller Hospital in Mangaluru. On November 19, 2022, Mohammed Shariq, 24, suffered 40 per cent burns after an IED he was carrying in a bag kept on his lap while travelling in an autorickshaw accidentally went off in Mangaluru. It exploded as the bomb timer was set for 09 seconds, instead of 90 minutes, according to the NIA. The police arrested Shariq after the blast. Another accused in the case, Maaz Munir, allegedly provided details of the mule accounts to Shariq to receive payments sent by the online handler, 'Colonel'. Further investigation in the case is in progress, the agency said.
