In a landmark ruling that may shape future road safety norms, the Supreme Court of India has held that abruptly halting a vehicle on a highway without warning constitutes negligence. The apex court observed that a driver must provide clear signals before stopping, especially on high-speed roads, where such actions can trigger catastrophic consequences.
The judgment was delivered by a bench comprising Justices Suddhanshu Dhulia and Aravind Kumar, who were hearing the plea of S Mohammed Hakim, an engineering student from Coimbatore. Hakim’s life changed forever on January 7, 2017, when his motorcycle collided with a car that had stopped suddenly on the highway. The impact threw him onto the road, where he was tragically run over by an oncoming bus, resulting in the amputation of his left leg.
The car driver defended his action, citing a sudden vomiting sensation experienced by his pregnant wife. However, the court found the justification unreasonable, stating that “on a highway, high speed is expected, and it is a driver’s duty to signal if they intend to stop.” The bench ruled that the driver bore 50% liability for the accident, rejecting his explanation as insufficient and irresponsible.
While acknowledging that Hakim lacked a valid driving license and had not maintained adequate distance, the court limited his contributory negligence to 20%, noting that the root cause of the accident remained the car’s sudden braking.
The bus driver was held 30% liable. The Supreme Court recalculated the total compensation to be ₹1.14 crore, deducting 20% due to the victim’s contributory negligence. The court directed the insurance companies of both vehicles to pay the remaining amount within four weeks.
This decision overturned earlier findings by both the Motor Accident Claims Tribunal, which had absolved the car driver, and the Madras High Court, which had assigned 40% liability to the car driver and 30% to Hakim.
