AIROnline 2025 SC 675

(A) Motor Vehicles Act (59 of 1988) , S.168— Motor accident – Contributory negligence – Determination of proportion – Appellant was riding on motorcycle, car driver suddenly applied brakes of his car, which was ahead of appellant’s motorcycle, and appellant dashed his motorcycle into rear side of car and fell on road and bus coming from behind drove over appellant, which finally led to accident resulting in amputation of appellant’s left leg – Appellant was definitely negligent in not maintaining sufficient distance from vehicle moving ahead and driving motorcycle without a valid license – However, root cause of accident was sudden brakes applied by car driver – Explanation given by car driver for suddenly stopping his car in middle of highway that his wife was pregnant and had vomiting sensation was not reasonable – Nothing was on record to show that car driver had taken precaution to give warning or signal that he intended to stop his vehicle – It was established that bus driver was also negligent – Held, appellant was liable for contributory negligence only to extent of 20% whereas car driver and bus driver were liable for negligence to extent of 50% and 30% respectively.

(Para 6)

(B) Motor Vehicles Act (59 of 1988) , S.168— Compensation – Quant….