In a significant ruling reaffirming road safety responsibilities, the Supreme Court of India held that suddenly stopping a vehicle on a highway without any warning constitutes negligence. The apex court slammed a car driver for abruptly applying brakes on a busy highway, leading to a devastating accident in which a young engineering student lost his leg. The Court awarded a revised compensation of ₹91.39 lakh to the injured victim, S. Mohammed Hakkim.
The accident occurred on January 7, 2017, when 20-year-old Hakkim, then a third-year engineering student, was riding his motorcycle with a pillion rider. A car traveling ahead of him came to an unexpected halt without signaling. Hakkim collided with the car’s rear, was thrown onto the highway, and was subsequently run over by a bus, resulting in the amputation of his left leg from the waist down.
Initially, the Motor Accident Claims Tribunal awarded ₹91.62 lakh in damages, attributing 20% contributory negligence to Hakkim and reducing the final amount to ₹73.29 lakh. The Madras High Court, however, slashed the compensation further to ₹58.53 lakh after increasing the victim’s share of negligence. Hakkim appealed to the Supreme Court.
Reversing the High Court’s assessment, the Supreme Court redistributed the liability, holding the car driver 50% negligent, the bus driver 30%, and Hakkim 20% contributorily negligent.
“Stopping without warning on a highway is a clear breach of duty to other road users,” the bench observed, rejecting the car driver’s justification that his pregnant wife had felt nauseous as “unreasonable” in the context of high-speed highway driving.
The Court took a progressive approach in assessing damages, revising Hakkim’s notional monthly income from ₹15,000 to ₹20,000 considering his educational background and future prospects. Using a 40% enhancement and a multiplier of 18, the Court pegged the loss of future income at ₹60.48 lakh.
It also restored and enhanced other heads of compensation:
- Attendant charges: ₹18 lakh (previously reduced to ₹5 lakh by High Court)
- Loss of marital prospects: ₹5 lakh (up from ₹2.5 lakh)
- Total compensation: ₹1,14,24,066
- After 20% deduction for contributory negligence: ₹91,39,253
- Interest: 7.5% per annum from date of claim filing
Since both the car and the bus were insured, the Court directed the car insurer to pay 50%, the bus insurer 30%, and acknowledged the 20% contributory share to be borne by the appellant.
The Court ordered that the full compensation be disbursed within four weeks.
This verdict underscores the judiciary’s firm stance on road safety, particularly the need for vigilance and responsibility on high-speed roads.
Case: S Mohammed Hakkim vs National Insurance Co Ltd & Ors – Available on LAWFYI.IO
