SC: MERE ATTEMPT TO OVERTAKE VEHICLE ON ROAD DOES NOT MEAN RASH AND NEGLIGENT DRIVING

The Supreme Court in the case Prem Lal Anand and Others v. Narendra Kumar and Others observed and has stated that a mere attempt of overtaking on the road cannot by itself amounts to rash and negligent driving.

The bench comprising of Justice CT Ravikumar and Justice Sanjay Karol in the case was deciding an appeal arose out an accident compensation claim under the Motor Vehicles Act.

The court in the case held that the Motor Accidents Claims Tribunal has make a mistake in attributing contributory negligence on the appellants just for over taking on the road when in fact the respondent’s vehicle was coming from the wrong side.

The court in the case stated that, ‘Merely because a person was attempting to overtake a vehicle, it cannot be said to be an act of rash or negligence driving with nothing to the contrary suggested from the record.’

In the present case, the appellant along with his wife were hit by two tractors while the couple was traveling on a motorcycle. The wife died on the spot, while the husband suffered severe injuries. The couple ran a successful business together, earning a substantial income.

However, the Motor Accident Claims Tribunal awarded a limited compensation for an amount of Rs.1,01,250/- as opposed to the claim of Rs 12,00,000/- citing contributory negligence on the part of the victims.

The High Court observed that there was an apparent error in the Tribunal while applying multiplier 9 to calculate the compensation whereas, accordingly applied the multiplier as 14. Thus, the court partly allowed the appeal.