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Accident Compensation – Contributory Negligence – Site plan filed first time in the Supreme Court

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ON 26.7.2009, deceased Gautam was driving the motorcycle and deceased Harpal Singh was the pillion rider.   While they were going on the main road, an Alto Car came from opposite side and there was a head-on collision.  

The Tribunal held that it was the case of contributory negligence and awarded 50% compensation assessed for each of the victims.  The High Court confirmed contributory negligence but enhanced the compensation.   

However, the High Court assessed the income of deceased Gautam at Rs.4,000/- and deceased Harpal at Rs.5,000/- per month despite the fact that both were hairdressers in the salon.

HELD that the accident site plan prepared by the investigating agency has been brought on record before this Court for the first time.  The production was objected to.  The rigorous of procedure cannot be allowed to defeat its purpose as the trial in such cases is summary in nature.  The objection to the production of site plan in the Supreme Court is keeping in mind that the provision of providing compensation to the injured / dependents in accident cases under MV Act is a beneficial provision to enhance social justice. Hence, the site plan is taken on record by allowing the appellant to file additional documents.

The site plan of accident shows that the deceased Gautam was riding his motorcycle on his left side of the road when a car hit him.   The site plan also corroborates testimony of eye witness PW.  Thus, the contributory negligence has no application.

Judgment dated 20.5.2025 of the Supreme Court of India in SLP [Civil] Nos.993-994 of 2024 of Rajo Devi and  another   Vs.  Manjeet Kaur and others

 

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