Supreme Court: Sudden Braking on Highways Is Negligence, Even in Emergencies
Supreme Court: Sudden Braking on Highways Is Negligence, Even in Emergencies
Landmark verdict holds drivers accountable for abrupt stops on highways, awards over Rs.1 crore compensation to accident victim
In a significant ruling, the Supreme Court has declared that applying sudden brakes on highways without warning constitutes negligence, even when prompted by personal emergencies. The judgment stemmed from a 2017 accident in which 20-year-old engineering student S Mohammed Hakkim from Coimbatore lost a leg after his motorcycle collided with a suddenly stopped car, followed by a bus running over him.
The car driver justified the abrupt stop by citing a medical emergency involving his pregnant wife, but the bench of Justices Sudhanshu Dhulia and Aravind Kumar dismissed the explanation. The court emphasised that highways demand heightened alertness and that stopping without proper signals or caution can have catastrophic consequences.
Initially, the Motor Accident Claims Tribunal (MACT) awarded Hakkim ₹91.62 lakh in compensation, which the Madras High Court reduced to ₹58.53 lakh due to findings of contributory negligence — including the fact that Hakkim lacked a valid driving licence and had not maintained a safe distance.
However, the Supreme Court revised the apportionment of fault, attributing:
- 50 percent liability to the car driver,
- 30 percent to the bus driver,
- 20 percent to Hakkim.
Following the adjustment, the court recalculated the compensation to ₹1.14 crore, with ₹91.3 lakh to be disbursed to Hakkim after accounting for his 20 percent contributory negligence. The compensation is to be jointly paid by the insurers of both vehicles involved.
The ruling underscores that even in the face of personal emergencies, driver responsibility on highways remains paramount to ensure public safety.
