HC: Victim cannot be held negligent on assumption

Bhopal: In a significant ruling, the Gwalior bench of the Madhya Pradesh high court has held that a deceased accident victim cannot be blamed for a crash on the basis of assumptions or conjectures, striking down a tribunal order that had held a dead motorcyclist 50 percent responsible for his own death.

Justice Hirdesh restored full compensation of Rs 48.74 lakh to the family of Suresh Kumar Patel, observing that the finding of “contributory negligence” by the Motor Accident Claims Tribunal (MACT) was unsupported by evidence.

According to court records, Patel was travelling from Dabra to Gwalior on his motorcycle on the night of June 2021 when a speeding container truck allegedly hit his vehicle from behind near Bharatri Bridge under Antari police station limits in Gwalior district. Patel suffered fatal head injuries and died on the spot, while the truck driver allegedly fled after abandoning the vehicle.

The tribunal had earlier awarded Rs 24.37 lakh compensation to the family after reducing the total payout by half, holding that the deceased was equally negligent as his motorcycle had collided with the rear portion of the truck.

Challenging the order, the victim’s family argued before the high court that blame had been shifted onto the deceased without any substantive evidence.

After examining witness statements and police records, the high court noted that Patel was riding at a moderate speed of 30-40 kmph, while the truck was allegedly travelling at 70-80 kmph. The court also pointed out that neither the truck driver nor the vehicle owner appeared before the tribunal to contest the family’s claims.

Referring to Supreme Court judgments on contributory negligence, the court observed that a victim cannot be penalised merely for failing to avoid a dangerous situation suddenly created by another driver.

Justice Hirdesh held that the tribunal’s findings were “based merely on assumptions and presumptions without any cogent or substantive evidence” and were therefore legally unsustainable.

While declining to enhance the compensation amount further, the high court set aside the finding of contributory negligence and directed that the victim’s family be paid the full compensation of Rs 48.74 lakh.
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