Court rules against attributing contributory negligence to pedestrians sleeping on pavements, holds truck driver fully liable for accident.
In a landmark judgment, the Delhi High Court has set aside a Motor Accident Claims Tribunal (MACT) decision that attributed 50% contributory negligence to pedestrians sleeping on a pavement, who were hit by a truck in October 2015. Justice Anish Dayal, presiding over the appeals, held that pavements are meant exclusively for pedestrians and not for vehicular access, thereby dismissing the MACT's earlier ruling.
The incident in question involved a truck that veered onto a pavement under the Madipur Metro Station, injuring Digambar Kumar and Lekh Raj, and causing the deaths of Anil Bedi and Ramesh Chand. The MACT had reduced the compensation to the victims, citing contributory negligence for sleeping on the pavement. However, Justice Dayal underscored that the entire liability lies with the driver who drove the vehicle onto the pedestrian space, thus overturning the deductions made by the MACT.
The judgment further enhanced compensation for the appellants, following the Supreme Court's guidelines on pain and suffering, loss of consortium, and other damages. The court also awarded interest at 9% on the enhanced compensation amounts. Notably, the court aligned the compensation calculations with principles established in Supreme Court judgments, including those from Pranay Sethi and Sarla Verma cases.
Additionally, the Delhi High Court emphasized the fundamental right to walk on footpaths, as declared by the Supreme Court, flowing from Articles 19(1)(d) and 21 of the Indian Constitution. The court reiterated that duty bearers must ensure the maintenance and safety of footpaths for pedestrians.
The judgment also invoked the doctrine of res ipsa loquitur, indicating that negligence could be inferred when a vehicle mounts a pavement, unless the driver provides evidence to the contrary. This decision reinforces pedestrian rights and places the onus of caution on drivers navigating near pedestrian areas.
Bottom Line:
Contributory negligence cannot be attributed to pedestrians sleeping on pavements, as pavements are exclusively meant for pedestrians' use and not for vehicular access.
Statutory provision(s):
- Delhi Police Act, 1978
- Motor Vehicles (Driving) Regulations, 2017
- Rules of The Road Regulations, 1989
- Articles 19(1)(d) and 21 of the Constitution of India
- Motor Vehicles Act, 1988
Digamber Kumar v. National Ins Co. Ltd., (Delhi) : Law Finder Doc id # 2948381
