New Delhi, Aug 31 Asserting that footpaths are sacred and safe spaces that are not meant for vehicles, the Delhi High Court has held that a roadside barber hit by a rashly driven truck is not liable for "contributory negligence".
Justice Anish Dayal passed the judgement on August 19 while enhancing the compensation payable to the victim barber who operated his shop on a footpath in Anand Parbat Industrial Area here.
The judge set aside the Motor Accident Claims Tribunal's 2022 decision to reduce the compensation amount by 30 per cent on account of "contributory negligence" and ordered the insurance company to pay Rs 1.71 lakh along with interest of 6 per cent per annum to the appellant barber.
The appellant, who worked by putting a barber chair on the footpath itself, was grievously injured in September 2019 when the truck being driven in a rash and negligent manner hit him.
Justice Dayal observed that although the appellant might be regarded as an unauthorised user for carrying out his work from a barber chair on the footpath, it would be an issue of civic responsibility or municipal action, and not any contributory negligence.
The court ruled that motor vehicle drivers ought to "respect" pedestrian areas and the reason for which any person is on the footpath or pedestrian area cannot be a factor for fastening contributory negligence upon him.
"Contributory negligence has to be established by showing that the injured or deceased had themselves contributed to the occurrence of the accident," explained the court.
"In the present case, the accident occurred, in the first place, due to the offending vehicle being driven upon or crashing into the footpath, which cannot be countenanced. Footpaths and pedestrian areas are sacred and safe spaces not meant for vehicles to be crashing into or even being driven onto," the court said.
