Headline
The Supreme Court of India says overtaking a vehicle doesn’t amount to rash driving.
Summary
The Supreme Court of India rules that an attempt to overtake another vehicle on the road does not constitute or equals rash and negligent driving.
Key Facts
- Case Name: Prem Lal Anand and Others v. Narendra Kumar and Others
- Bench of Justices : Justices CT Ravikumar and Sanjay Karol
- Accident compensation claim under the Motor Vehicles Act available.
- Tribunal erred in attributing contributory negligence to appellants for overtaking
Legal Insights
The Supreme Court of India held that overtaking is common on roads and does not indicate rash driving behavior. Contributory negligence will apply only to those plaintiff’s actions that significantly contributed to their own harm.
Impact
The Supreme Court’s decision corrects the misconception that overtaking means rash driving, for ensuring fair compensation for accident victims.
Why it Matters
This ruling of the Supreme Court promotes a nuanced clarity of road accidents, recognizing that overtaking is a common occurrence , and just and fair compensation for victims and their families.
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