The Delhi High Court has ruled that sleeping on a pavement does not constitute contributory negligence, overturning a tribunal decision that had reduced compensation for victims of a 2015 vehicular accident by half.
Justice Anish Dayal set aside the Motor Accidents Claims Tribunal order that slashed the payout to four victims and their families, declaring the attribution of 50 percent negligence to the victims legally unsustainable. The court directed the insurance company to pay the full restored compensation amounts to the beneficiaries within six weeks.
Revised Financial Awards
Under the High Court verdict, the legal heirs of two individuals killed in the accident will receive approximately Rs 10 lakh each. The two surviving injured victims were awarded compensation of Rs 1,20,005 and Rs 18,10,569, respectively.
The judgment was passed on July 8 following appeals filed by the surviving victims and the families of the deceased against the tribunal’s earlier reduction of the payout.
Court Rejects Driver Negligence Defense
Addressing the legal standards for pedestrian safety, Justice Dayal stated that individuals standing, walking, or resting on a footpath due to compelling circumstances cannot be expected to foresee a motor vehicle driving onto the pavement. The court emphasized that drivers carry a higher responsibility to exercise caution near pedestrian spaces and reiterated that driving on footpaths is strictly prohibited under the law.
The court also acknowledged the socio-economic reality in India, noting that homelessness, night shifts, and construction work force many individuals to sleep on pavements as a relatively safer alternative. The judge noted that even if resting on a sidewalk carries a calculated risk, it cannot be translated into legal contributory negligence on the part of the victims.
Details of the 2015 Incident
The case originates from an incident in October 2015 at approximately 4:30 a.m. beneath the Madipur metro station. A speeding truck mounted the pavement and struck four individuals who were sleeping under the station structure, resulting in two fatalities and severe injuries to two others.
