Mumbai: In a significant judgement, the Bombay High Court has held that in case of an accident even if a pedestrian is negligent while crossing road, the driver of the vehicle is liable to pay the compensation to him or his family members.
The mere fact that the pedestrian had not used the Zebra crossing cannot absolve the driver of the car from payment of compensation, ruled Justice Nishita Mhatre recently.
The court was hearing an appeal filed by Meghraj and Sons, owners of the car involved in the accident, against an order of the Motor Accidents Tribunal ordering them to pay compensation of Rs 5.89 lakh to Wing Commander Jitendranath who died in the mishap 23 years ago.
The court, however, reduced the compensation from Rs 5.89
lakh to Rs 5.21 lakh.
"In my opinion, the Tribunal has rightly held that there
was material on record to indicate that the driver could have
averted the accident", the High Court observed.
On October 9, 1986, Jitendranath was on his way to
Taraporewala Aquarium with his two minor daughters when a car
hit him leading to his death. His wife, Sunita, approached the
Motor Accidents Tribunal for compensation of Rs ten lakh.
The Tribunal noted that although Jitendranath was negligent yet the car owner was liable to pay compensation because he could have averted the accident.
The speed of the car at the time of accident was 40-50 and also the driver had not resorted to honking to alert the victim and his daughters, the Tribunal noted and ordered the appellants to pay Rs 5.89 lakh compensation to Jitendranath.
Meghnath and Sons had challenged the Tribunal`s order saying Jitendranath was negligent in crossing the road as he did not follow the signal and also was not using the Zebra crossing.
Bureau Report
