Highway Emergency Stop: Liability for Negligent Driving
In a landmark decision, the Supreme Court of India has ruled that drivers who suddenly apply brakes on a highway without giving any warning or signal can be held legally liable for negligence. This ruling comes in response to a claim by engineering student S. Mohammed Hakim, whose left leg was amputated after a motorcycle collision on a Coimbatore highway in 2017.
The collision occurred because a car had halted suddenly on the highway. The Supreme Court, in a July 2025 judgment (S Mohammed Hakkim Vs National Insurance Co Ltd & Ors), held the car driver 50% liable for the accident caused by sudden braking. The court emphasized that even if the driver’s abrupt stop was due to a personal emergency, the driver still has a duty to warn others on the highway through signals or other means to avoid accidents.
The court rejected the car driver's explanation that he stopped due to his pregnant wife's vomiting as "not reasonable from any angle." The ruling was authored by Justice Suddhanshu Dhulia and was made by a two-judge bench, also including Justice Aravind Kumar.
Previously, the Motor Accident Claims Tribunal had exonerated the car driver, apportioning 20% negligence to Hakim and 80% to the bus driver. The Madras High Court then held the car and bus drivers 40% and 30% liable, respectively, and Hakim 30%. However, the Supreme Court's decision revises these findings in light of the car driver's failure to signal before stopping.
The ruling states that on a highway, drivers are expected to give a warning or signal to following traffic before stopping. The court's decision affects the liability and compensation in the Hakim case. The Supreme Court apportioned liability in the Hakim case: the car driver 50%, the bus driver 30%, and Hakim 20% for contributory negligence.
The net award is to be paid by the insurers of both vehicles within four weeks. The ruling sets a precedent establishing clear legal responsibility on drivers to avoid sudden braking without warning on highways. However, some practical challenges exist in enforcing this strictly across India due to common road conditions, mixed traffic, and other hazards that sometimes necessitate sudden braking for safety.
The ruling underscores the importance of driver responsibility on highways and the duty of care they owe to other road users. Being held liable for resultant accidents and injuries due to negligence, as well as the apportionment of compensation to victims, potentially enhanced based on severity of injuries and loss incurred, are among the legal implications of this ruling. The Supreme Court's decision overturns the findings of the Madras High Court and establishes a clear legal precedent for traffic safety on Indian highways.
[1] The Hindu: Supreme Court holds driver liable for sudden braking on highway, July 2025. [2] Times of India: Supreme Court rules sudden braking on highway is negligence, July 2025. [3] Economic Times: Supreme Court ruling on sudden braking on highways: Challenges and implications, July 2025. [4] LiveLaw: Supreme Court judgment in S Mohammed Hakkim Vs National Insurance Co Ltd & Ors, July 2025.
- The Supreme Court's ruling in July 2025, addressed in the LiveLaw article, establishes a legal precedent that drivers on highways must give a warning or signal before stopping, as failure to do so can be considered negligence and may lead to liability and compensation.
- General news outlets, such as The Hindu and Times of India, reported that this Supreme Court ruling significantly impacts the health and wellness sector, as it underscores the importance of driver responsibility on highways and the duty of care they owe to other road users.
- Economic Times explores the challenges and implications of this ruling on the transportation industry, suggesting that enforcing this rule strictly across India can be difficult due to common road conditions, mixed traffic, and other hazards necessitating sudden braking for safety.
- In the field of science and law, the financial sector, represented by entities like National Insurance Co Ltd, may be affected by this ruling, as it could potentially enhance the amount of compensation paid to victims based on the severity of injuries and losses incurred due to negligence.
