Bombay High Court Upholds Ruling on Pedestrian Safety, Emphasizes Road Discipline
The Bombay High Court, in a significant ruling on Wednesday, upheld a decade-old order that found equal contributory negligence in a case where a priest with Parkinson's disease was knocked down by a bus operated by the Thane Municipal Transport Corporation (TMCT). The court strongly called for enhanced discipline and strict adherence to traffic rules among both pedestrians and motorists, highlighting the urgent need to address rising road accidents.
Court Criticizes Reckless Road Crossing Habits
Justice Jitendra Jain, in his order made available on Thursday, expressed frustration with citizens' tendency to cross roads at unauthorized spots rather than using designated pedestrian crossings at signals. He emphasized that it is high time for responsible citizens to follow regulations meticulously. "Merely because there are no vehicles approaching, people should not disregard signals that clearly indicate they are not supposed to cross," Justice Jain stated on April 8. He also urged strict police action against vehicles, particularly two-wheelers, that violate signal rules, noting that such infractions contribute significantly to accidents and injuries.
Compensation Enhanced in Priest's Accident Case
In the specific case, the priest, who suffered from Parkinson's and was partially paralytic, was crossing a road without a signal when the accident occurred. The High Court observed that individuals with such conditions have a tendency to fall and should ideally be accompanied while navigating busy roads. Consequently, the court attributed some negligence to the victim. However, it also noted that the bus driver, from a higher vantage point, should have been more cautious upon seeing a limping person attempting to cross, even though brakes were applied too late.
Justice Jain found the April 2016 order of the Motor Accident Claims Tribunal in Thane to be sound, but enhanced the compensation from the original Rs 13.23 lakh to Rs 15.15 lakh, as sought by the priest's kin. The TMCT did not challenge the tribunal's ruling. Additionally, the court awarded Rs 50,000 for the suffering of the dependents over four months, acknowledging their pain cannot be ignored.
Call for Civic Sense and Learning from Developed Nations
Justice Jain stressed the importance of inculcating civic sense among Indians, urging them to emulate practices from developed countries where both drivers and pedestrians adhere strictly to rules. He pointed out that Indians often follow foreign regulations when abroad but neglect them at home, a behavior he deemed unjustifiable. The judge also highlighted the moral duty of elders and parents to set a good example by following traffic rules, as children learn through observation, thereby fostering a culture of safety from a young age.
Directive for Wider Dissemination of Order
To reinforce this message, the High Court directed that a copy of its order be circulated to top officers of the Regional Transport Office, aiming to promote awareness and enforcement of traffic regulations. This move underscores the court's commitment to improving road safety through legal and administrative measures.
