The Calcutta High Court emphasized that being stationary during an accident does not excuse liability if a vehicle was improperly parked, as it enhanced compensation for a family affected by a fatal road crash. The incident occurred on a national highway in West Bengal, claiming the lives of three family members and injuring another. The court rejected claims that the parked mini-truck was not at fault, stating that improper parking leading to accidents still holds the owner accountable.
The court dismissed arguments of contributory negligence by the deceased driver in a separate appeal, citing lack of evidence. It highlighted the importance of eyewitness testimony in motor accident cases, emphasizing their credibility even if not summoned formally. Upholding the compensation awarded for one victim’s death, the court declined further enhancement, citing correct assessment and adherence to established principles by the tribunal.
In a related case, the court increased compensation for the death of a homemaker, recognizing the invaluable role of women in households. Stressing that the loss of a housewife cannot be quantified in monetary terms, the judgment emphasized the need for just and reasonable compensation. Referring to Supreme Court precedents, the court underlined the non-monetary contributions of wives and mothers, awarding enhanced compensation and interest to the family.
