Not taking due care while driving, overtaking amounts to rash and negligent driving: Delhi High Court

The Delhi High Court on Wednesday held that failing to take due care while driving and overtaking would amount to rash and negligent driving [Sushila Devi v Sandeep Kumar]..Justice Gaurang Kanth was hearing a petition seeking enhancement of compensation granted by a motor accidents claims tribunal when he opined that rash and negligent driving does not 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 recorded. .In this case, the tribunal awarded ₹17.5 lakh as compensation with interest at the rate of 7.5% per annum. However, 20 per cent was ordered to be deducted from the sum in light of contributory negligence. The compensation amount was sought to be enhanced by the appellants. .According to the appellants, the deceased was driving a motorcycle and collided into a vehicle which was parked in the middle of the road without any signal or light indicator. As a result of the collision, he sustained fatal injuries and passed away at the hospital. The deceased was around 54 years of age and was employed as a government contractor. The appellants had sought compensation to the tune of ₹50 lakh from the tribunal. .According to the respondents, the incident occurred due to the sole negligence of the deceased. .The High Court examined the eyewitness testimony to find that the accident undoubtedly occurred due to the irresponsible and negligent parking of the respondent’s vehicle in the middle of the road. .In the same breath, it was recorded that the accident could have been avoided if the deceased was driving with all due care while crossing the stationary bus. In this regard, reliance was placed on the eyewitness testimony, who was travelling in another motorcycle behind the deceased, and categorically stated that he saw a DTC bus in the middle of the road.“Hence, if the deceased would have taken proper care, he would have also seen the DTC bus standing in the middle of the road and the unfortunate accident would have been avoided.”.Therefore, while agreeing with the tribunal’s finding, the Court went on to increase the compensation on the ground of future prospects and loss of dependency among others. Despite the increase, the 20 per cent deduction for contributory negligence was upheld. The total amount payable in terms of compensation was finally set at ₹33 lakh..Advocate SN Parashar appeared for the appellants while the respondents were represented by Advocate Ravi Sabharwal. .[Read Order]