Hitting from behind - accident occurred due to rash and negligent driving of tanker driver and he applied brakes suddenly without any reason - tanker driver was negligent to the extent of 70 per cent and car driver to the extent of 30 per cent

Citation

2023 ACJ 1113

IN THE HIGH COURT OF PUNJAB AND HARYANA  AT CHANDIGARH . 

FAO No.2558 of 2016 (O&M) and others; decided on 7.3.2022)

PRESENT

MR. JUSTICE RAJBIR SEHRAWAT

Tata AIG General Ins. Co. Ltd.

V.

... Appellant

Surjeet Kaur and others

Respondents

Negligence-Composite negligence-Hitting from behind-Appor- tionment of inter se liability-Car hit a tanker from behind when tanker driver applied brakes suddenly resulting in death of car driver and three passengers in car and injury to one passenger- Tribunal observing that car driver failed to maintain a safe distance held that car driver was solely negligent in causing the accident- Injured-eyewitness deposed that accident occurred due to rash and negligent driving of tanker driver and he applied brakes suddenly without any reason-Nothing elicited during cross-examination of eyewitness-Evidence that tanker driver fled away after the accident and he did not appear in the witness-box to face cross- examination-No issue regarding negligence of car driver was framed by the Tribunal and no evidence led to prove that accident did not occur due to negligence of tanker driver-No plea taken or evidence led that car driver did not maintain a safe distance-'Safe distance' prescribed under regulation 23 of Rules of the Road Regulations, 1989, can hardly be made a criteria for assessing compensation or determining locus of liability-Regulation 24 of Regulations, 1989, also prescribes that no driver of vehicle shall apply brakes abruptly unless it is necessary for safety reason but no reason is disclosed as to why tanker driver applied brakes sud- denly-As per site plan there was no possibility of any vehicle or anything coming in front of tanker as there is no entry or exit point at the place of accident-However, court cannot lose sight of the fact that car hit the tanker from behind-Car was following the tanker for a distance of 3-4 km and car driver had seen careless driving of tanker driver for quite some time therefore accident could have been avoided if car driver had taken extra care-Tribunal's finding reversed in appeal and held that tanker driver was negligent . to the extent of 70 per cent and car driver to the extent of 30 per cent  (Paras 3, 6, 7, 17 to 20, 22, 23)

Cases referred:

Mexts Cloli

Nishan Singh v. Oriental Insurance Co. Ltd., 2018 ACJ 1466 (SC). Rakesh Gulati v. Sanjiv Kumar, FAO No. 5158 of 2015; decided on 2.12.2019 (P&H).