Car owner v/s Pedestrian (HC Judgment)

[Achint]

Mumbai: In a significant judgement, the Bombay High Court has held that in case of an accident even if a pedestrian is negligent while crossing road, the driver of the vehicle is liable to pay the compensation to him or his family members.

The mere fact that the pedestrian had not used the Zebra crossing cannot absolve the driver of the car from payment of compensation, ruled Justice Nishita Mhatre recently.

The court was hearing an appeal filed by Meghraj and Sons, owners of the car involved in the accident, against an order of the Motor Accidents Tribunal ordering them to pay compensation of Rs 5.89 lakh to Wing Commander Jitendranath who died in the mishap 23 years ago.

The court, however, reduced the compensation from Rs 5.89 lakh to Rs 5.21 lakh.

"In my opinion, the Tribunal has rightly held that there was material on record to indicate that the driver could have averted the accident", the High Court observed.

On October 9, 1986, Jitendranath was on his way to Taraporewala Aquarium with his two minor daughters when a car hit him leading to his death. His wife, Sunita, approached the Motor Accidents Tribunal for compensation of Rs ten lakh.

The Tribunal noted that although Jitendranath was negligent yet the car owner was liable to pay compensation because he could have averted the accident.

The speed of the car at the time of accident was 40-50 and also the driver had not resorted to honking to alert the victim and his daughters, the Tribunal noted and ordered the appellants to pay Rs 5.89 lakh compensation to Jitendranath.

Meghnath and Sons had challenged the Tribunal's order saying Jitendranath was negligent in crossing the road as he did not follow the signal and also was not using the Zebra crossing.
Bureau Report


Opinions invited.

[samairablack]

The concept of Zebra crossing is never followed in India and for pedestrians, the indian roads are very unsafe. They have to cross high traffic lanes, jump the footpaths etc all when they dont see a car coming or if a car is slow. The vehicles don't even follow the traffic lights here, so I guess the judgement is kind of fair.

[Achint]

The judgment will provide a generalisation that'll be followed for all judgments on similar cases in India now.

I hope you realise the magnitude and scope of effect of the judgment.

If tomorrow a man trying to jump over a divider to cross the road is mowed down by a driver who was driving on the road (Where he was supposed to be), this judgment will ensure that the driver's life is scr*wed forever.

Why is it his fault when the pedestrian decide to knowingly put his life on the line by *walking* on the road?

[BLUE]

Its a known fact that in any accident, whosoever's fault it may be, the person in the bigger vehicle is considered as guilty.
Take the case of Blue Line accidents. Its not always their fault either.

[samairablack]

Its not a pedestrians fault. Have you seen the dhaula kuan area? It is so difficult for them to cross roads with or without zebra crossing.
Maybe the judgement is not fair to the driver but then the roads are not favourable to the pedestrians too.

[Achint]

Just because the administration is incapable, a driver (who by the way pays for the roads!) out of no fault of his own, will be scr*wed for life. Is that acceptable to you?

There are times while driving, when I want to mow some people down just for their sheer lack of respect for road etiquette.

Stupid aunties with no awareness of the world around them, lost in figuring out how many spoons of salt go into the kashmiri dum aaloo, just jay walk into the middle of the road. Why is it my fault if someday I am unable to stop my car in time and end up banging into her?

[samairablack]

maybe some pedestrians are stupid but then what is the solution to jay walking? How many roads in India have drivers stopping at the zebra crossing for the pedestrians? And many even disobey the traffic rules, it is a usual occurance that as soon as the traffic signal turns red, the drivers speed up.so what can the pedestrian do?

[ra13]

I believe this practice is being followed in many western countries as well, where the pedestrian is given preference and the driver is solely responsible for any accident.
I am quite in disagreement with the judgment, as anyone (driver or pedestrian) can be distracted and cause a mishap. Especially in a country like ours, where traffic rules are no less than a joke (Though, recent traffic policing efforts are impressive.) and people running on the roads is quite normal.
Also, I am sure there are going to be many instances where some 'bihari' would deliberately come in front of your car (Common trick for grifters in european countries, where the driver has to part with his cash on the spot to avoid any legal case against him, where he would have to pay a lot more in compensation.).

[Achint]

maybe some pedestrians are stupid but then what is the solution to jay walking? How many roads in India have drivers stopping at the zebra crossing for the pedestrians? And many even disobey the traffic rules, it is a usual occurance that as soon as the traffic signal turns red, the drivers speed up.so what can the pedestrian do?

I ask you the same thing again.

Is the driver endeavouring to make sure no zebra crossings or subways are built? Why scr*w him?

[samairablack]

well some one has to be scr*wd, so it's the driver who, in case of an accident does not suffer much as opposed to the pedestrian.