The Delhi High Court has recently ruled that not taking due care while driving vehicles, including while overtaking, would amount to rash and negligent driving.
The single-judge bench of Justice Gaurang Kanth was dealing with a plea seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal to family members of a motorcycle rider who died in July 2012 after his vehicle collided with a DTC bus parked in the middle of the road without any signal or light indicator.
The tribunal had awarded compensation of Rs 17,49,491 with an interest of 7.5% per annum. It, however, directed a deduction of 20% towards contributory negligence from the awarded amount.
In the order, Justice Kanth noted: “Rash and negligent driving does not in every case necessarily mean excessive speed. Not taking due care while driving the vehicle and in particular overtaking, either stationary or moving vehicle, also would amount to rash and negligent driving. Hence, this Court is in complete agreement with the learned Claims Tribunal and the deceased is guilty of contributory negligence to the extent of 20%.”
The court observed that from the account of the eye-witness, there was no doubt that the accident occurred due to the irresponsible and negligent parking of the DTC bus in the middle of the road; however, the accident could have been avoided if the deceased could have driven his motorcycle with all due care while crossing the stationary bus.
Considering the nature of the deceased’s employment, his age and other relevant factors, the court enhanced the compensation to Rs 42,16,747.88. However, 20% was directed to be deducted from the total awarded compensation towards contributory negligence. The court clarified that the rate of interest of 7.5% as fixed by the tribunal is maintained.
“In view of the foregoing reasons and discussions, the compensation is increased from Rs 17,49,491 to Rs 42,16,747.88. However, 20% of the total awarded compensation is to be deducted as this is a case of contributory negligence. Therefore, Rs 8,43,349.57 is to be deducted from the awarded compensation towards the contributory negligence,” the court ordered.