‘Human Beings Do Not Need License to Walk on Road’: Bombay High Court Doubles Driver’s Liability in Road Accident Case
“Human beings do not need a license to walk on the road, however, drivers need license to drive their vehicle and by virtue of that, responsibility is imposed on drivers to drive the vehicle with due care and caution,” the court said.
Mumbai, October 8: Nearly 30 years after an elderly man succumbed to injuries on being hit by a car when he was crossing a divider at Peddar Road, Bombay high court doubled the driver’s negligence to 80 percent and bumped up the total payout for the pedestrian’s kin saying “Human beings do not need a license to walk on the road, however, drivers need license to drive their vehicle and by virtue of that, responsibility is imposed on drivers to drive the vehicle with due care and caution.”
TOI reported that the court made this statement agreeing with the submissions of the advocate for the family which had sought enhanced payout with complete liability on the driver. HC on Family Dispute: Calcutta High Court Aids Parents Who Were Allegedly Ousted From Home by Son and Daughter-in-Law, Says 'At This Age, They Can't Be Sent to Civil Court'.
Harsukhlal Dhruva, a 65-year-old businessman, accompanied by his nephew, was crossing Peddar Road at Nalanda Society on March 24, 1995 at 6.30 pm. At the divider he took one step on the road when a car coming from the Mahalaxmi temple side slammed into him, flinging him 20 feet away. Dhruva succumbed six days later to his injuries at Jaslok hospital, where he was taken by the driver himself. SC on Divorce: Hindu Marriage Can Be Dissolved Through Customary Divorce if Existence of Such Customary Right Is Established, Says Supreme Court.
Justice Abhay Ahuja agreed with the Motor Accident Claims Tribunal (MACT) that the accident was not solely caused by the driver held the pedestrian 60 percent liable for trying to cross the road where there was no zebra crossing and held he had no right to walk there.
The Bombay HC said that the pedestrian “failed to use reasonable care for his safety and contributed to his own accident, eventually leading to his death. He omitted to keep out of the way of a speeding vehicle on the road on which he had no right of use which was of the offending vehicle," thus leading to his contributory negligence.
(The above story first appeared on LatestLY on Oct 08, 2023 10:01 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).