A sessions court in Mumbai has partially upheld the conviction of a 40-year-old app-based cab driver, directing him to pay a fine of Rs 2,000 for insulting passengers following a heated argument over luggage and switching on the air conditioning during a ride from the airport in 2018. The court set aside a previously awarded three-month jail term, deeming it excessively harsh.
The Court's Decision and Rationale
The Dindoshi sessions court was hearing a criminal appeal filed by the driver, Yashwant Suranje, against the three-month imprisonment sentence imposed by a magistrate's court in 2022. In an order passed on December 18, Additional Sessions Judge M H Pathan ruled that the jail term was disproportionate to the nature of the dispute.
The judge stated that the evidence from prosecution witnesses was sufficient to prove charges under Sections 506 and 504 of the Indian Penal Code (IPC), which pertain to criminal intimidation and intentional insult, respectively. However, the court concluded that a fine coupled with a sentence of simple imprisonment till the rising of the court would be adequate punishment. "There was no intention by the driver to abuse the witnesses or informant," the court observed.
Details of the 2018 Airport Incident
The case stems from an incident on November 10, 2018. The complainant, along with his parents, had booked an Ola Prime cab from the Chhatrapati Shivaji Maharaj International Airport after arriving from Hong Kong around 3 am. An initial argument erupted over the luggage—three large bags and a handbag.
Despite the altercation, the tired family continued the journey with the same driver. Upon entering the vehicle, they noticed the air conditioning was not switched on. When they requested the driver to turn it on, the complainant's mother expressed that she was feeling suffocated with the windows shut.
The driver retorted that it was his car and he would decide what to do, telling her to shut up. He then stopped the car and refused to proceed to their destination in Bandra. The complainant subsequently sent his parents in another taxi and went to the police station to file a formal complaint against the driver.
Legal Outcome and Implications
The sessions court's ruling underscores a judicial emphasis on proportionality in sentencing. While upholding the conviction for the driver's misconduct, it replaced the custodial sentence with a monetary penalty, reflecting the non-violent yet offensive nature of the crime.
This case highlights the expectations of service quality and professional conduct in India's rapidly growing app-based cab ecosystem. It serves as a legal precedent for disputes between service providers and customers, balancing accountability with appropriate legal consequences.
