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The Delhi High Court recently observed that, in every case, rash and negligent driving does not necessarily mean “excessive speed” and would include not taking due care, especially while overtaking a vehicle which is either stationary or moving.
The observation was made in a March 29 order by a single-judge bench of Justice Gaurang Kanth after hearing a plea by the family of a motorcycle rider who died allegedly after colliding with a bus parked in the middle of the road, without any signal or light indicator on the night of July 22, 2012.
The Motor Accidents Claims Tribunal, Dwarka, had awarded Rs 17,49,491 as compensation to the family of one Subhash Chander, along with an interest of 7.5 per cent per annum from the date of filing the plea till payment is made by the insurance company. The family had moved the HC seeking enhancement of the compensation. Chander was 54 years old when he died, and was employed as a government contractor in Delhi-NCR. He was survived by seven dependents — his wife, mother, three sons and two daughters, the court noted. The family had claimed Rs 50 lakh as compensation before the tribunal, which had deducted 20% from the amount as “contributory negligence”.
Justice Kanth considered an eye-witness account to hold that there was no doubt that the accident occurred due to the “irresponsible and negligent parking” of the bus in the middle of the road, however, it could have been avoided if the deceased had driven his motorcycle with all due care while crossing the stationary vehicle.
“This court is also of the opinion that 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 HC observed.
Considering the deceased’s age and dependants, the HC increased the compensation amount to Rs 42,16,747.88, however, clarifying that 20% of the total awarded compensation is to be deducted as it is a case of “contributory negligence”.
“Therefore, Rs 8,43,349.57 is to be deducted from the awarded compensation towards the contributory negligence. Hence the compensation, after the deduction of contributory negligence would be Rs 33,73,398.31… Further, it is also made clear that the rate of interest as fixed by the learned claims tribunal, that is 7.5 % is also maintained,” the HC said. It directed the insurance company to deposit the enhanced amount with 7.5% interest from the date of filing of the plea till that of deposit, within four weeks from the date of the order with the HC registry.
“Upon deposit of the said amount, the registry is directed to release the said amount to the appellants in terms of the award passed by the learned claims tribunal. The statutory deposit with interest accrued thereon, if any, shall be released to the appellants,” the HC said.
