Negligently Parked Vehicle on Highway Liable for Fatal Crash: Calcutta High Court; Compensation Hiked for Deceased Wife in NH-6 Tragedy

Soumyadip Mullick, MP, June 13, 2026, Kolkata : The Calcutta High Court has ruled that a vehicle owner cannot escape liability for a road accident merely because the vehicle was stationary at the time of the collision, holding that negligent parking on a highway can make the vehicle responsible for a fatal crash.

Justice Biswaroop Chowdhury delivered the ruling while deciding appeals arising out of a devastating accident on National Highway-6 near Harina Bus Stand in Paschim Medinipur on April 16, 2022, in which a couple and their elder daughter lost their lives, while their younger daughter survived with serious injuries.

Shamit Samanta was driving with his wife Barnali Samanta Nandi and their two daughters from Kolkata towards Midnapore when a lorry allegedly overtook their vehicle from the left, raising a cloud of dust that reduced visibility. Their car then crashed into a mini-truck parked in the middle of the highway.

The insurer challenged the compensation awarded by the Motor Accident Claims Tribunal, arguing that the mini-truck was stationary and therefore could not be held responsible for the accident.

Rejecting the contention, the High Court observed that a vehicle’s stationary position does not absolve its owner or driver of liability if it is parked in an unauthorised or hazardous manner.

The court noted that eyewitness testimony and the police charge sheet consistently indicated that the mini-truck had been illegally parked on the road, leading to the collision.

It also found no material evidence to support the insurer’s claim that the deceased driver had contributed to the accident.

The court further held that the credibility of eyewitnesses cannot be discarded merely because they were not summoned witnesses if their testimony inspires confidence.

While affirming compensation of over Rs 2.10 crore awarded in the claim relating to the death of Shamit Samanta, the family’s sole breadwinner, the court enhanced compensation in the case of the deceased homemaker from Rs 9.17 lakh to Rs 11 lakh.

Emphasising the invaluable contribution of a homemaker, the court observed that the services rendered by a wife and mother cannot be measured solely in monetary terms.

The insurer has been directed to deposit the enhanced amount with interest within eight weeks, following which the claimant may withdraw the compensation after completing the necessary formalities.