The Gujarat High Court has set aside a Motor Accident Claims Tribunal finding that attributed contributory negligence to a deceased scooter rider, holding instead that the truck driver alone was responsible for the fatal accident.
Justice Mool Chand Tyagi partly allowed the appeal filed by the deceased man’s family and enhanced the compensation amount by over ₹3.29 lakh.
The Court observed that the truck had been parked on the highway during night hours without parking lights, indicators, or any warning signs, in violation of statutory provisions under the Motor Vehicles Act.
Background of the Case
The case arose from an accident that occurred on March 22, 2017, near Mangalmurti Godown in Patan district. Govindbhai Patel was travelling on his Activa scooter from Unjha towards Mahervada while dropping his sister-in-law, Savitaben.
According to the claimants, the scooter rider’s vision was momentarily affected by headlights from oncoming vehicles, causing him to collide with the rear side of a truck parked partially on the road. The truck allegedly had no reflector, parking signal, or warning indicator. Govindbhai sustained serious injuries and later died during treatment.
The Motor Accident Claims Tribunal had earlier awarded ₹5.96 lakh compensation with 9% interest but held the deceased 30% contributorily negligent.
What Happened During the Hearing
Counsel appearing for the appellants argued that the truck driver had violated Sections 122 and 126 of the Motor Vehicles Act by leaving the vehicle parked on the road without any cautionary measures. The appellants also relied on the FIR and charge sheet filed against the truck driver to contend that negligence lay entirely with him.
The insurance company, however, defended the Tribunal’s findings and argued that the deceased had himself rammed into a stationary vehicle from behind, justifying the finding of contributory negligence.
The High Court examined both oral and documentary evidence, including testimony from Savitaben, who was riding pillion at the time of the accident.
Court’s Key Observation
The Court noted that the evidence consistently showed that half of the truck was parked on the roadway without any indicators or warning signals despite the accident occurring during evening hours.
Justice Tyagi observed:
“The manner in which the truck was parked was in gross violation of the provisions contained in Sections 122 and 126 of the Motor Vehicles Act.”
The Court further pointed out that the insurance company had failed to examine the truck driver to rebut the claimants’ version.
Holding that the truck driver alone was negligent, the Court reversed the Tribunal’s finding of contributory negligence against the deceased.
Court’s Decision
The High Court also enhanced compensation under conventional heads, including funeral expenses, loss of estate, and consortium, relying on the Supreme Court rulings in National Insurance Company Ltd. v. Pranay Sethi and Magma General Insurance Co. Ltd. v. Nanu Ram.
The total compensation was recalculated at ₹9.25 lakh, resulting in an additional award of ₹3.29 lakh with 9% interest from the date of filing of the claim petition.
The insurance company was directed to deposit the enhanced amount within six weeks.
Case Details Section
Case Title: Patel Jashiben Govindbhai Wife of Decd. & Ors. v. Shaitan Singh S/o Arjun Singh & Anr.
Case Number: R/First Appeal No. 1902 of 2022
Court: Gujarat High Court
Judge: Justice Mool Chand Tyagi
Date: May 5, 2026
