S. Mohammed Hakkim Vs National Insurance Co. Ltd. & Ors. (Supreme Court of India)
Contributory negligence for sudden braking of a vehicle and collision of the vehicle due to non maintenance of sufficient distance from that other vehicle
It is very common that a car, bus or truck while speeding on a Highway, for any reason whatsoever, suddenly applies brakes and the vehicle behind such a sudden braking vehicle collides at the rear side of the the said braking vehicle. A question arises as to the responsibility of the sudden braking vehicle vis a vis the colliding vehicle, which had not maintained a safe distance.
This issue recently came up before the Apex Court in the case of S. MOHAMMED HAKKIM Versus NATIONAL INSURANCE CO. LTD. & ORS. in SLP nos. 28062-63 OF 2023 decided on July 29, 2025. (2025 INSC 905).
The brief facts of the case are that in 2017, the appellant drivind a motorcycle dashed on the rear side of the car, which had suddenly applied brakes and fell on the road. A bus coming from behind drove over the appellant which led to amputation of his left leg. The appellant claimed a compensation of 116 lacs before the Motor Accident Claims Tribunal. The Tribunal exonerated the car insurer from all liabilities and calculated a compensation of Rs.91,62,066/- but deducted 20% as contributory negligence on the part of the appellant and thus awarded Rs.73,29,653/- to the appellant by the insurer of bus.
