Court Awards Full Compensation to Barber Injured by Negligent Driver on Footpath, Emphasizes Pedestrians' Rights
In a significant ruling, the Delhi High Court has reinforced the fundamental right of pedestrians to safely use footpaths, setting aside a deduction for contributory negligence in a case where a barber was injured by a vehicle driven onto a footpath. The judgment, delivered by Justice Anish Dayal, comes as a relief to Sh. Hari Nath Sharma, who was initially awarded a reduced compensation due to alleged contributory negligence.
The incident occurred on September 20, 2019, when Sharma was operating his barber shop on a footpath in Gali No.10, Anand Parbat, New Delhi. The offending vehicle, a truck driven by Sh. Umesh Kumar, veered onto the footpath, causing severe injuries to Sharma. Initially, the Motor Accident Claims Tribunal (MACT) had attributed 30% contributory negligence to Sharma, reducing his compensation from Rs. 1,71,350 to Rs. 1,19,945.
The High Court, however, found that the MACT's attribution of contributory negligence was unfounded, given the established right to use footpaths safely. The court drew on a precedent set in "Digamber Kumar v. National Ins Co Ltd." and a recent Supreme Court ruling, which recognized the right to walk on footpaths as integral to Articles 19(1)(d) and 21 of the Constitution of India. Justice Dayal emphasized that footpaths are designated exclusively for pedestrians, and any vehicle intrusion constitutes a violation of this right.
The court further clarified that the presence of Sharma on the footpath, whether authorized or not, did not contribute to the accident. The responsibility lay entirely with the driver of the vehicle, whose unlawful entry onto the pedestrian space was the sole cause of the incident. Consequently, the High Court restored the full compensation amount of Rs. 1,71,350, along with 6% annual interest, to Sharma.
This landmark judgment not only upholds the rights of pedestrians but also sends a strong message regarding the sanctity of pedestrian spaces. It underscores the duty of drivers to avoid encroaching upon footpaths, reinforcing the legal framework that protects pedestrian rights in urban areas.
Bottom Line :
Motor Accident Claim - Contributory negligence cannot be attributed to a person present on the footpath, whether as a pedestrian or carrying out an activity, when the accident occurs due to a vehicle unlawfully entering and driving on the footpath.
Statutory provision(s):
Motor Vehicles Act, 1988; Articles 19(1)(d) and 21 of the Constitution of India; Delhi Police Act, 1978; Motor Vehicles (Driving) Regulations, 2017; Rules of The Road Regulations, 1989
Sh. Hari Nath Sharma v. Sh. Umesh Kumar, (Delhi) : Law Finder Doc id # 2969081
