# N. K. V. BROS (P) LTD v. M. KARUMAI AMMAL AND ORS. ETC

- **Citation:** [1980] 3 S.C.R. 101
- **Court:** Supreme Court of India
- **Decided:** 1980-03-21
- **Bench:** V. R. Krishna Iyer, D. A. Desai
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/n-k-v-bros-p-ltd-v-m-karumai-ammal-and-ors-etc-7945
- **Pages:** 3

## Headnote

Mo1or Vehicles Act-Driver of bus acquitted for rash and negligent driving-Civil suit if must also be dismissed.
Indian Penal Code-Section 304A-Requirement of culpable rashness more
drastic than negligence sufficient under the law of tort to c1·eate liqbility.
The petitioner's bus driven by a driver hit an over-hanging high tension
wire resulting in the death of some
passengers and loss of limb to several
othen. The driver was acquitted on the ground that the tragedy was an act
of God. The Accidents Tribunal held that despite the screams of the passengers about the doogerous over-hanging wire ahead tho rash driver sped towards
the spot which resulted in the accident. The High Court affirmed the finding
c
of the Tribunal that the accident bad taken place due to rashness and negli~
D
gence of the driver and consequently the petitioner was vicariously liable to
pay compensation to the claimant.
Dismissing the petition,
HELD : I. The plea that the criminal case had ended in acquittal and that
therefore the civil suit must follow suit was rightly rejected by the Tribunal
and the High Court. [I 02 BJ
2. The requirement of culpable rashness under section 304A l.P.C. is more
drastic than negligence sufficient under the law of tort to create liability. [102 E]
E
1 [The Accident Tribunal must take special care to see that innocent victims
do not suffer and drivers and owners do not escape liability merely because of
some doubt here or some obscurity there. Save in plain cases, culpability must
P
be inferred from the circumstances where it is fairly reasonable. The court
should not succumb io niceties and technicalities.] [102. G]
CIVIL
APPELLATE
JURISDICTION
Nos .. 937-939 of 1980.
Special
Leave
Petition
From the Judgment and Order' dated 1-8-1979 of the Madras
High Court in A.A.O. Nos. 815-817 of 1977.
T. A. Ramachandran and K. Ramkumar for the Petitioner.
The Order of the Court was delivered by
G
KRtSllNA IYER, J.-Sri Ramachandran, ably assisted by Sri K.
B
Ram Kumar, presented the case of the petitioner for special leave, as
persuasively as the facts permit but while we were impressed with the
102
SUPREME COURT REPORTS
[1980] 3 S.C.lt.
A
industry and advocacy of counsel, we heartily dismiss this petition.
B
c
D
I'
G
Why heartily? Because the High Court, if at all, has erred in favour
of the petitioner, not against him.
The Facts : A stage carriage belonging to the pet1t1oner was
on a trip when, after nightfall, the bus hit an over-hanging high tension wire resulting in 26 casualties of which 8 proved instantaneously
fatal. A criminal case ensued but the accused-driver was acquitted
· on the score that the tragedy that happened was an act of God! The
Accidents Claims Tribunal, which tried the claims for compensation
under the Motor Vehicles Act, came to the conclusion, affirmed by
the High Court, that, despite the screams of the passengers about the
dangerous over-hanging wire ahead, the rash driver sped towards the
lethal spJt. Some lost their lives instantly; several lost their limbs
likewise. The High Court, after examining the materials, concluded :
"We therefore sustain the finding of the Tribunal that
the accident had taken place due to the rashness and negligence of R.W. 1 (driver) and consequently the appellant
is vicariously liable to pay compensation to the claimant."
The plea that the criminal case had ended in acquittal and that, therefore, the civil sait must follow suit, was rejected and rightly. The
requirement of culpable rashness under section 304A I.P.C. is more
"drastic than negligence sufficient under the law of tort to create liability. The quantum of compensation was moderately fixed and although there was, perhaps a case for enhancement, the High Court
b dismissed the cross-claim; also.
Being questions of fact, we are obvi-
·ously unwilling to re-open the holdings on culpability and compensation.
Road accidents are one of the top killers in our country, specially
w"iien truck and bus drivers operate .nocturnally

## Text

\
101
N. K. V. BROS (P) LTD.
v.
M. KARUMAI AMMAL AND ORS. ETC.
March 21, 1980
[V. R. KRISHNA IYER AND D. A. DESAI; JJ.]
Mo1or Vehicles Act-Driver of bus acquitted for rash and negligent driving-Civil suit if must also be dismissed.
Indian Penal Code-Section 304A-Requirement of culpable rashness more
drastic than negligence sufficient under the law of tort to c1·eate liqbility.
The petitioner's bus driven by a driver hit an over-hanging high tension
wire resulting in the death of some
passengers and loss of limb to several
othen. The driver was acquitted on the ground that the tragedy was an act
of God. The Accidents Tribunal held that despite the screams of the passengers about the doogerous over-hanging wire ahead tho rash driver sped towards
the spot which resulted in the accident. The High Court affirmed the finding
c
of the Tribunal that the accident bad taken place due to rashness and negli~
D
gence of the driver and consequently the petitioner was vicariously liable to
pay compensation to the claimant.
Dismissing the petition,
HELD : I. The plea that the criminal case had ended in acquittal and that
therefore the civil suit must follow suit was rightly rejected by the Tribunal
and the High Court. [I 02 BJ
2. The requirement of culpable rashness under section 304A l.P.C. is more
drastic than negligence sufficient under the law of tort to create liability. [102 E]
E
1 [The Accident Tribunal must take special care to see that innocent victims
do not suffer and drivers and owners do not escape liability merely because of
some doubt here or some obscurity there. Save in plain cases, culpability must
P
be inferred from the circumstances where it is fairly reasonable. The court
should not succumb io niceties and technicalities.] [102. G]
CIVIL
APPELLATE
JURISDICTION
Nos .. 937-939 of 1980.
Special
Leave
Petition
From the Judgment and Order' dated 1-8-1979 of the Madras
High Court in A.A.O. Nos. 815-817 of 1977.
T. A. Ramachandran and K. Ramkumar for the Petitioner.
The Order of the Court was delivered by
G
KRtSllNA IYER, J.-Sri Ramachandran, ably assisted by Sri K.
B
Ram Kumar, presented the case of the petitioner for special leave, as
persuasively as the facts permit but while we were impressed with the
102
SUPREME COURT REPORTS
[1980] 3 S.C.lt.
A
industry and advocacy of counsel, we heartily dismiss this petition.
B
c
D
I'
G
Why heartily? Because the High Court, if at all, has erred in favour
of the petitioner, not against him.
The Facts : A stage carriage belonging to the pet1t1oner was
on a trip when, after nightfall, the bus hit an over-hanging high tension wire resulting in 26 casualties of which 8 proved instantaneously
fatal. A criminal case ensued but the accused-driver was acquitted
· on the score that the tragedy that happened was an act of God! The
Accidents Claims Tribunal, which tried the claims for compensation
under the Motor Vehicles Act, came to the conclusion, affirmed by
the High Court, that, despite the screams of the passengers about the
dangerous over-hanging wire ahead, the rash driver sped towards the
lethal spJt. Some lost their lives instantly; several lost their limbs
likewise. The High Court, after examining the materials, concluded :
"We therefore sustain the finding of the Tribunal that
the accident had taken place due to the rashness and negligence of R.W. 1 (driver) and consequently the appellant
is vicariously liable to pay compensation to the claimant."
The plea that the criminal case had ended in acquittal and that, therefore, the civil sait must follow suit, was rejected and rightly. The
requirement of culpable rashness under section 304A I.P.C. is more
"drastic than negligence sufficient under the law of tort to create liability. The quantum of compensation was moderately fixed and although there was, perhaps a case for enhancement, the High Court
b dismissed the cross-claim; also.
Being questions of fact, we are obvi-
·ously unwilling to re-open the holdings on culpability and compensation.
Road accidents are one of the top killers in our country, specially
w"iien truck and bus drivers operate .nocturnally. This proverbial
recklessness often pmuades the courts, as has been observed by us
'Car lier in other cases, to draw an initial presumption in several cases
·based on the doctrine of res ipsa loquitur. Accidents Tribunals must
take special care to see that innocent victims do not suffer and drivers
and owners do not escape liability merely because of some :doubt
here or some obscurity there. Save in plain cases, culpability [must
be inferred fr0m the circumstances where it is fairly reasonable. The
court should not succumb to niceties, technicalities and mystic maybes.
We aro e:nph1sising this aspect because we are often distressed by transport operators getting away with it thanks to judicial laxity, despite
the fact that they do not exercise sufficient disciplinary control over
the drivers in the matter of careful driving. The heavy economic
)
}
N. K. v. BROS. v. M. K. AMMAL (Krishna Iyer,!.)
103
impact of culpable driving of public transport must bring' owner and
driver to their responsibility to their 'neighbour'. Indeed, the State
must seriously consider no-fault liability by legislation. A second
aspect which pains us is the inadequacy of the compensation or undue
parsimony practised by tribunals. We must remember that judicial
tribunals are State organs and Article 41 of the Constitution lays the
jurisprudential foundation for state relief against accidental disablement of citizens. There is no justification for niggardliness in com·
pensation. A third factor which is harrowing is the enormous delay
in disposal of accident cases resulting in compensation, even if awarded,
being postponed by several years. The States must appoint sufficient
num)!r of tribanals ani the High Courts should insist upon quick
disposals so that the trauma and tragedy already sustained may not
be magnified by the injustice of delayed justice. Many States 'Te
unjustly indifferent in this regard.
We have been taken through a few intricate legal submissions by
counsel bat We d!~line to interfere u~i!r Article 136 of the Consti·
A
B
c
tution especially where human misery is pitted against operational
D
negligence.
P.B.R.
Petition . dismissed.