Ensure that bus drivers behave: Delhi court to transport dept

The petition in question pointed out a October 2020 incident in which a DTC bus was allegedly being driven rashly with the front gate open

A Delhi court recently issued directions to the transport department, Government of National Capital Territory of Delhi to ensure that Delhi Transport Corporation (DTC) bus drivers operate the buses properly and also awarded a compensation of ₹51,02,000 to the petitioner in a case where he was involved in a road accident with a DTC bus.

Commuters aboard a DTC bus. (Raj K Raj/HT PHOTO)

“I direct the Ministry of Road Transport, Govt. of NCT of Delhi, being head of DTC department, to ensure that DTC bus drivers drive the bus in a proper manner and they stop the bus at the bus stand and not keep any gate of the bus open while driving and open the gate only after the bus stops at the stand so that public can board... DTC bus is public transport and the public has the right to travel...”, Motor Accident Claim Tribunal (MACT) presiding officer, Ekta Gauba Mann said in the order passed on Tuesday.

The petitioner in the case submitted that on October 16, 2020, he was going home with his friend and were waiting for a bus at the stand. A DTC bus arrived at the stop while it was being driven rashly with the front gate open.

When the petitioner signalled for the bus to be stopped, the driver only slowed it down and did not halt it completely. However, the petitioner added, he tried to board the bus nevertheless but the speed was so high that his hands slipped and he was thrown out of the bus and his leg was crushed under it.

The respondents in the case, the bus driver, the owner (DTC), and the insurance company, in their written submissions, told the court that the petitioner tried to board the moving bus where there was no bus stop or zebra crossing at the spot where the incident occurred. They also alleged that the petitioner was in an inebriated state while boarding the bus.

The court after going through the documents and depositions of the petitioner and the respondents observed that the accident occurred due to the rash and negligent driving of the offending vehicle and the petitioner suffered grievous injuries in the accident.

The court further, while deciding the amount of compensation, also held that the insurance company is liable to pay the compensation to the petitioner as it has failed to establish any statutory defence.

The court thus awarded the compensation of ₹51,02,000 to the petitioner and observed that the DTC bus driver had only slowed down and was driving with the front gate open. The court, thus, issued directions to the department to ensure that DTC drivers ply buses properly and stop the bus at designated stands.