The Punjab and Haryana High Court ruled that drivers are not at fault in collisions with roadside parked vehicles that lack parking lights. This decision highlights the importance of proper vehicle illumination to prevent accidents. The court’s ruling aims to clarify liability in such incidents, promoting safer road practices.
In a landmark ruling, the Punjab and Haryana High Court affirmed the necessity of mandatory parking lights and reflectors on vehicles parked by the roadside. This judgment delivered while rejecting an insurance company’s appeal against a decision made by the Motor Accident Claims Tribunal in Sirsa.
In a tragic incident on August 9, 2020, a car crashed into a canter parked along the side of a road, resulting in the death of Arvind Kumar, a passenger in the car. The canter on the unpaved shoulder of a road wide enough for two vehicles, but it was night-time and the canter lacked parking lights or reflectors, making it difficult to see.
Kumar’s dependents contended that the canter nearly invisible due to insufficient safety signals. The High Court, after hearing the case, ruled that vehicles parked on the roadside must have their parking indicators on and be fitted with reflectors.
In this instance, the absence of these safety measures on the canter made it impossible for the car driver to foresee the obstacle. Consequently, the court determined that the car driver was not negligent.
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The High Court, after thoroughly hearing all parties, highlighted the importance of safety measures for parked vehicles. It ruled that vehicles parked on the roadside must always have their parking indicators on and be equipped with reflectors to ensure visibility and prevent accidents. In this specific case, the court concluded that the absence of these safety measures on the canter meant that the car driver could not have foreseen the stationary vehicle, thereby absolving the driver of any negligence.
The court also dismissed the insurance company’s plea to lower the compensation, maintaining the Tribunal’s award of Rs.19 lakhs to the victim’s family. This decision highlights the court’s firm stance on road safety and the obligations of vehicle owners to prevent such accidents.