E-Paper
Road users in India have a propensity not to adhere to traffic regulations: Delhi HC
Delhi High Court said the country is beset with a huge number of motor accidents occurring due to various causes, be it careless pedestrians, stray animals, aggressive drivers, overspeeding, drunken driving and lane indiscipline
Prefer HTon Google
The Delhi High Court has observed that road users in India have a propensity not to follow road discipline or to adhere strictly to traffic regulations. The apex court made this observation while dismissing an appeal by ICICI Lombard General Insurance Company challenging an order of the Motor Accident Claims Tribunal (MACT), which had awarded compensation of ₹1.7 crore with interest to Satish Chandra Gupta, who suffered grievous injuries after the car in which he was travelling crashed into a road divider while attempting to avoid hitting a dog.
PTI has reported that the Delhi High Court, in its order on October 5, held that the driver's plea that he had swerved to save the animal did not, by itself, absolve him of negligence. It also reportedly said the case involved a sudden danger arising from a stray animal, rather than one created by another human agency and that drivers must remain vigilant and exercise reasonable care in such circumstances.
The court's observation came while holding that the "agony of the moment" principle cannot be invoked to absolve a driver of negligence merely because a stray animal suddenly appeared on the road and the vehicle met with an accident. "The 'agony of the moment' or the 'sudden danger' is present in both situations," Justice Anish Dayal reportedly said. It reportedly said drivers are expected to anticipate such hazards and exercise reasonable care to prevent harm to vehicle occupants and other road users. The Delhi High Court said the decisions applying the principle of ‘agony of the moment’ in cases involving danger caused by another person could not be applied mechanically to accidents triggered by stray animals.
The court reportedly distinguished between peril caused by another person's conduct and peril arising from an animal or natural cause. It said that while a person confronted with sudden danger may not be expected to exercise perfect judgment or presence of mind, the position is different where the danger arises from a stray animal or other intervening natural cause. "Road users have a propensity not to follow road discipline or to adhere strictly to traffic regulations. This naturally triggers myriad unpredictable situations, which road users in India are often faced with. "To avoid mishaps, this naturally requires faster reflexes, consistent alertness and presence of mind," the court also reportedly said.
It said the country is beset with a huge number of motor accidents occurring due to various causes, be it careless pedestrians, stray animals, aggressive drivers, overspeeding, drunken driving and lane indiscipline. It also reportedly said that negligence must be assessed in light of the circumstances, including the degree of care, precaution and vigilance reasonably expected of a driver.
