Public transport undertaking cannot unleash incompetent, unlicensed drivers upon public: Delhi High Court to DTC

The Delhi High Court recently observed that "unlicensed" and "incompetent" drivers cannot be unleashed on the unsuspecting public by the Delhi Transport Corporation (DTC) [Delhi Transport Corporation v. Ruby & Ors]..Justice Gaurang Kanth refused to interfere with an order granting compensation of ₹19 lakh to the family of a 26-year-old man who died in an accident involving a DTC bus in 2011.The Court noted that the driving license of the DTC bus driver in the case was, in fact, fake and had not been issued by the Regional Transport Office (RTO) at Mathura, as claimed.It also held that DTC had failed to exercise reasonable care before employing the unlicensed bus driver, and thus could not be absolved of liability in the present case."...DTC did not lead any evidence to prove the skills of the offender/respondent No.5. Further it also failed to exercise reasonable care before employing respondent No.5 as it has not taken any necessary driving test with respect to capability and competence of respondent no.5 or about the genuineness of his driving licence, therefore, the DTC cannot absolve itself of its liability," the Court noted in this regard..DTC had filed the present appeal against an order of the Motor Accidents Claims Tribunal (MACT), granting the claimants ₹19 lakh along with interest at the rate of 9% interest per annum from the date of filing of the petition till realization of the said amount from the insurance company.As per the First Information Report (FIR) registered in the case, the offending DTC bus was being driven in a very rash and negligent manner and hit a scooter, a Santro car and the deceased in question, who was on a cycle, from behind.As a result of the accident, the cyclist as well as the person on the scooter suffered severe injuries. Upon reaching the hospital, the cyclist was declared dead. .In its order, the Court noted that despite the fact that the driver did not possess an effective driving license, the owner of the vehicle did not come forward to explain the circumstances under which he handed over the vehicle to him. Hence, this very act of the DTC amounted to a breach of the insurance policy, the Court added.DTC was expected to check the antecedents of its prospective employees, and particularly whether they possessed a valid driving license, the Court added.The Court also made a note of numerous accidents involving DTC buses on Delhi roads, warning,"At this juncture, 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.".Further, a distinction was made between a public transport undertaking, which engages drivers in hundreds and thousands, and a private individual who engages one or two drivers for his/her personal service. It thus held,"Hence, it is evident that the Appellant/ 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.".Thus, the Court refused to interfere with the compensation awarded to the claimants, and dismissed the appeal..Advocates Sarfaraz Khan and Mirza Amir Baig appeared for DTC. Advocate Ravi Sabharwal appeared for the claimants..[Read order]