Apportioning Contributory Negligence in T-Junction Collisions for Failure to Give Way to Traffic on Main Road

The Appellant (Insurance Company of a dumper truck) challenged the judgment of the Motor Accident Claims Tribunal (MACT), Navsari, dated January 31, 2015.

The accident involved a collision between a dumper truck and a Maruti Esteem car at a T-junction.

The Tribunal held the truck driver solely negligent and awarded Rs. 32,40,000/- as compensation to the claimants (passengers/driver of the car), exonerating the car's driver and insurer.

The Appellant contended that the car driver contributed to the accident by failing to take care while entering the main road from a side road.

Whether the Tribunal erred in holding the driver of the truck solely negligent and liable for the entire compensation amount, or if the driver of the Maruti Esteem car contributed to the negligence.

The Court applied the principles of contributory negligence and the doctrine of res ipsa loquitur to determine liability based on the circumstances of the accident.

Regulation 15(1) of the Motor Vehicles (Driving) Regulations, 2017, which mandates that a vehicle entering a National/State Highway or major district road must give way to traffic already on that highway.

The Court referenced the evidentiary standard for rebuttal of negligence as discussed in Minu B. Rawat and Anr. Vs. Satya Pradyumna Mohapatra (2013 ACJ 2544).

The Court re-examined the evidence, noting that the accident occurred at a T-junction where the car was entering a 30-foot-wide main road from a narrow 10-foot-wide side road.

Though the Tribunal found no rebuttal evidence because the truck driver was not examined, the High Court held that the car driver’s own admission (Exh. 74) proved he saw the truck from a distance but failed to yield as required by driving regulations.

Simultaneously, the damage to the rear cleaner side of the truck and the fact that the car turtled indicated the truck was being driven at excessive speed.

Applying res ipsa loquitur, the Court concluded that the circumstances of the collision and the location (T-junction) demonstrated that both drivers were equally responsible for the accident.

The total compensation of Rs. 32,40,000/- with 9% interest remains intact, but respondent no. 6 (the insurer of the Maruti Esteem) is held liable to pay 50% of the award amount, while the appellant (insurer of the truck) is liable for the remaining 50%.

The appeal was allowed to this extent, and the Tribunal was directed to disburse the amount accordingly.