The Supreme Court has held that the sudden braking by a car driver without any warning on a highway was the primary cause of a 2017 road accident that led to the amputation of a young engineering student’s leg. Reducing the victim’s contributory negligence from 30% to 20%, the Court enhanced the total compensation from ₹58.53 lakh, as fixed by the Madras High Court, to ₹91.39 lakh.
The judgment was delivered by a bench comprising Justice Sudhanshu Dhulia and Justice Aravind Kumar on July 29, 2025, in Civil Appeal No. __ of 2025 (@ SLP(C) Nos. 28062-63 of 2023) titled S. Mohammed Hakkim v. National Insurance Co. Ltd. & Ors.
Background of the Case:
On January 7, 2017, appellant S. Mohammed Hakkim was riding his motorcycle with a friend on the pillion when a car driven by respondent no. 2 suddenly applied brakes on a highway. Hakkim’s motorcycle collided with the rear of the car, causing him to fall. A bus coming from behind ran over him, resulting in the amputation of his left leg during treatment.
Both the car and the bus were insured with respondent no.3 and respondent no.1 (National Insurance Co. Ltd.), respectively.
Hakkim filed a claim seeking ₹1.16 crore before the Motor Accident Claims Tribunal, which awarded ₹91,62,066. After applying 20% deduction for contributory negligence, the Tribunal fixed the final amount payable at ₹73,29,653, entirely from the bus insurer, exonerating the car insurer.
On appeal, the Madras High Court revised the negligence distribution to 30% (appellant), 40% (car driver), and 30% (bus driver), and reduced compensation to ₹58,53,447 by slashing the attendant charges from ₹18 lakh to ₹5 lakh. It also granted ₹5 lakh towards future medical expenses. Dissatisfied with this, Hakkim approached the Supreme Court.
Supreme Court’s Observations:
The Court examined the issue of contributory negligence and liability of the parties. Referring to Rule 231 of the Road Regulation Rules, 1989, the Court acknowledged that the appellant was negligent for not maintaining sufficient distance and for riding without a valid licence. However, it held that:
“It cannot be ignored that the root cause of the accident is the sudden brakes applied by the car driver. The explanation given by the car driver for suddenly stopping his car in the middle of a highway is not a reasonable explanation from any angle.”
The car driver had claimed he braked because his pregnant wife felt nauseous. The Court rejected this, stating that high-speed traffic is expected on highways and the driver failed to give any warning or signal to vehicles behind.
The Court apportioned negligence as:
- 50% – Car driver
- 30% – Bus driver
- 20% – Appellant (for contributory negligence)
Compensation Recalculated:
The appellant was a 20-year-old third-year engineering student at Coimbatore when the accident occurred and suffered 100% functional disability due to the leg amputation. Citing Navjot Singh v. Harpreet Singh, the Court fixed his notional monthly income at ₹20,000 with 40% future prospects and applied a multiplier of 18 as per Sarla Verma v. DTC and National Insurance Co. Ltd. v. Pranay Sethi.
| Head | Amount (₹) |
| Loss of Income | 60,48,000 |
| Attendant Charges | 18,00,000 |
| Pain & Suffering | 2,00,000 |
| Loss of Marital Prospects | 5,00,000 |
| Discomfort | 1,00,000 |
| Extra Nourishment | 50,000 |
| Medical Bills | 22,03,066 |
| Transportation | 20,000 |
| Damage to Clothing | 3,000 |
| Future Medical Expenses | 5,00,000 |
| Total Compensation | 1,14,24,066 |
After deducting 20% for contributory negligence, the net compensation payable to the appellant was fixed at ₹91,39,253, with 7.5% interest per annum from the date of filing of the claim petition. The liability is to be borne by the car insurer (respondent no.3) to the extent of 50% and the bus insurer (respondent no.1) to the extent of 30%.
Representation:
The appellant was represented by Senior Advocate S. Prabhakaran, while Mr. R. Basant, Senior Advocate, appeared for the insurer (respondent no.1). The respondents were also represented by respective counsel for the car owner and insurer.
