Can’t unleash untrained drivers on innocent public: Delhi HC

The Delhi high court observation came during hearing in an accident case dating back to 2011 in which one of DTC’s buses was being driven in a very rash and negligent manner in Saket.

Delhi Transport Corporation (DTC) is not expected to unleash “untrained and unlicensed drivers” on “unsuspecting innocent public”, the Delhi high court has said while dismissing DTC’s plea against an order directing it to pay compensation to the claimants.

Justice Gaurang Kanth observed that the numerous instances of rash and negligent driving involving DTC buses resulting in severe injuries and deaths cannot be lost sight of. (HT Photo)

The case dating back to 2011 pertains to an accident wherein one of DTC’s buses was being driven in a very rash and negligent manner in Saket. The bus hit a scooter, a santro car and a cyclist. As a result of the accident, the cyclist as well as the person on scooter suffered severe injuries. A 26-year-old cyclist died in the accident. He was survived by wife, parents and a minor son.

The court’s order was passed on an appeal by DTC against an order passed by a Motor Accident Claims Tribunal awarding over ₹19 lakh as compensation to the wife, father, and minor son of the deceased. The claims tribunal also said the insurance company concerned would have the right to recover the amount jointly and severally from DTC and the driver

Justice Gaurang Kanth observed that the numerous instances of rash and negligent driving involving DTC buses resulting in severe injuries and deaths cannot be lost sight of and a public employer should check the antecedents of its prospective employees and offer special training to selected candidates before offering employment.

“It is relevant to mention that the numerous instances of rash and negligent driving involving DTC buses resulting in severe injuries and deaths in Delhi in the period concerned cannot be lost sight of. Even today, the strain of this malaise subsists. A public transport undertaking is not expected to unleash untrained, incompetent, and unlicensed drivers upon the unsuspecting innocent public,” the court said in its recent order.

Dismissing the plea, the court noted that the bus driver had a “fake” driving license and was negligently driving the vehicle and Delhi Transport Corporation (DTC) failed in its duty to exercise reasonable care while employing him.

“It is expected from a public employer such as the appellant DTC, being a statutory undertaking, that it would exercise due caution and care apropos verification of documents submitted by a person who is offered employment,” it said.

The court observed that since DTC did not lead any evidence to prove the skills of the driver and also failed to take the necessary driving test or concern about the genuineness of the driver’s licence, it cannot absolve itself of its liability.

“The position of a public transport undertaking, or a large public transporter, who engages a number of drivers-in hundreds and thousands, to drive their fleet of vehicles, is different from a private individual who engages one or two drivers for his/ her personal service,” the court observed.

The judge also said that DTC being the employer/owner of the vehicle has clearly failed in its duty to exercise reasonable care apropos use of the public transport bus for ferrying ordinary unsuspecting passengers who board it with the bonafide belief that its driver is duly licensed and has undergone requisite training and has the competence to drive a public bus on the roads of Delhi”.