Motor Accident Claims | Contributory Negligence Can't Be Presumed Without Direct Or Corroborative Evidence : Supreme Court

The Supreme Court has reiterated that contributory negligence cannot be presumed in motor vehicle accidents without direct or corroborative evidence. 

The Court applied the ratio laid down in Jiju Kuruvila v. Kunjujamma Mohan (2013) 9 SCC 166, where it was held that in the absence of any direct or corroborative evidence on record, it cannot be assumed that the accident occurred due to the rash and negligent driving of both the vehicles.

"...on an allegation simpliciter, it cannot be presumed that the accident occurred due to rash and negligent driving of both vehicles, for having driven at high speed," the Court said while holding the High Court's view that there was 25% contributory negligence on the part of the deceased in the vehicle accident.

A bench comprising Justice Sanjay Karol and Justice Prashant Kumar Mishra was dealing with an appeal filed against a judgment of the Karnataka High Court in a motor accident claims appeal.

The claim was filed with respect to the death of a 38-year-old man following a collision between his motorcycle and a BMTC Bus. The Tribunal awarded a total compensation of Rs.75,97,060/-

The High Court determined the contributory negligence at 75% on the driver of the bus and 25% on the deceased and came to the conclusion that the accident occurred due to the rash and negligent driving of both the deceased and the driver of the offending vehicle as both were driving at high speed.

The Supreme Court disagreed with the High Court's finding of contributory negligence since there was no evidence on record to support it. The Supreme Court also faulted the High Court for reducing the monthly income of the deceased as Rs 50,000/- per month when there was a payslip produced showing that he was earning Rs.62,725/- per month.

"It is the settled law that under the Motor Vehicle Act, 1988 it is established that in compensation cases, the strict rules of evidence used in criminal trials do not apply," the Court stated.  Reference was made to the recent judgment in Rajwati alias Rajjo & Ors. v. United India Insurance Company Ltd. & Ors 2022 LiveLaw (SC) 1016 in this regard.

Allowing the appeal, the Supreme Court enhanced the compensation by Rs.1,20,84,925/-.

Case : Prabhavathi and others vs The Managing Director Bangalore Metropolitan Transport Corporation

Citation : 2025 LiveLaw (SC) 266

Click here to read the judgment