Accident – Contributory Negligence of Driver – A passenger is not a backseat driver.

Accident Compensation – Contributory negligence of Driver – Vicarious liability cannot be applied to the passengers

On 18.8.2013, the car collided with the four-wheeler trailer truck which was left abandoned in the middle of the highway without warning signs of indicators or parking lights.

The driver and one passenger Sunita died at the spot.   Another passenger Sushma suffered grievous injuries.  Both the car and truck were insured with two different Insurers.

The Tribunal held that there was contributory negligence of both the drivers. The Tribunal held the owner and insurer of truck liable for compensation but deducted 50% compensation for contributory negligence.

The claimants did not compensation from the owner and insurer of the car and the claims against were dismissed.

HELD that the contributory negligence of the car driver cannot be vicariously applied to the passengers.  A passenger is not treated as a backseat driver.   There cannot be a fiction of the passenger sharing a “right of control” of the operation of the vehicle nor is there a fiction that the driver is an agent of the passenger.

Civil Appeal No.10648 of 2024 of Sushma Vs. Nitin Ganapati Rangole and others with connected civil appeals