SC Holds Driver Partly Liable For Sudden Braking, Awards Over Rs 90 Lakh To Injured Motorcyclist

Last Updated:July 30, 2025, 16:38 IST

Apportioning 50% negligence to the car driver, the court awarded over Rs 91 lakh to a motorcyclist who suffered amputation after colliding with the car and being run over by a bus

The court held that the car driver, who suddenly braked due to his wife experiencing vomiting during pregnancy, had not given any prior warning or indication.

The Supreme Court has held that sudden braking on a highway without any warning or indication amounts to negligence, making a car driver 50 per cent liable in a road accident involving a motorcyclist who suffered a leg amputation. The judgment was delivered on July 29 in the S Mohammed Hakkim vs National Insurance Co Ltd & Ors by a bench of Justices Sudhanshu Dhulia and Aravind Kumar.

The case concerned a motor accident that occurred on January 7, 2017. The appellant, then a 20-year-old engineering student, was riding a motorcycle with a pillion rider when he collided into the rear of a car that had suddenly applied brakes. As a result of the impact, he fell on the road and was run over by a bus that was trailing the motorcycle. The injuries led to the amputation of the appellant’s left leg from the waist.

The Motor Accident Claims Tribunal had originally awarded compensation of Rs 91.62 lakh, reducing it to Rs 73.29 lakh after assigning 20 per cent contributory negligence to the appellant. On appeal, the Madras High Court altered the apportionment of liability to 40 per cent for the car driver, 30 per cent for the bus driver, and 30 per cent for the appellant, and further reduced the compensation to Rs 58.53 lakh.

In its judgment, the Supreme Court found the high court’s modification of contributory negligence unsupported by evidence and restored the tribunal’s original finding that the appellant was 20 per cent negligent. The court held that the car driver, who suddenly braked due to his wife experiencing vomiting during pregnancy, had not given any prior warning or indication. The bench noted that high speed is normal on highways, and drivers intending to stop must signal their intention to avoid risk to trailing vehicles. The absence of such precaution, the court observed, was the root cause of the accident.

The court held the liability to be distributed as 50 per cent for the car driver, 30 per cent for the bus driver, and 20 per cent for the appellant. It enhanced the compensation to Rs 91.39 lakh with interest at 7.5 per cent per annum from the date of filing the claim petition.

In determining the compensation, the court revised the notional income of the appellant from Rs 15,000 per month (as fixed by the tribunal and high court) to Rs 20,000, considering his academic background and potential career. It also restored attendant charges of Rs 18 lakh as originally awarded by the tribunal, noting that the high court had reduced it to Rs 5 lakh without giving adequate reasoning. The court observed that amputation from the waist would necessitate lifelong assistance for routine functions. Additionally, it enhanced the compensation for loss of marital prospects from Rs 2.5 lakh to Rs 5 lakh.

The court directed that since both the car and bus involved in the accident were insured at the time, their respective insurers would bear the liability to the extent of 50 per cent and 30 per cent. The remaining 20 per cent, reflecting the contributory negligence of the appellant, would be deducted from the total award. The final amount was ordered to be disbursed within four weeks from the date of judgment.

The tribunal had earlier relied on Rule 23 of the Road Regulation Rules, 1989, to determine the appellant’s contributory negligence for failing to maintain a safe distance and for not holding a valid licence. The Supreme Court agreed with this assessment but emphasised that the primary cause of the accident remained the abrupt and unindicated stop by the car driver.

Salil Tiwari

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...Read More

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...

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