The Kerala High Court, noting that the roads are inadequate for pedestrian safety has enunciated that it is the forensic duty of the Authorities and officers concerned to ensure that all pedestrian crossings are marked and enforced on all the main roads.
In the present case, a police vehicle hit a woman who was crossing the road along the ‘Zebra Crossing’. The woman, unfortunately, could not survive and passed away due to the injuries sustained.
It was contended by the Appellant that the woman was negligent in crossing the road and should have been cautious while crossing as there was heavy traffic on the road. The amount of compensation ordered was disputed and it was asserted that only contributory compensation should be awarded.
The High Court did not concur with the pleas and instead opined that it was outlandish to even suggest that it was the negligence of the pedestrian when she was crossing the road through an area which is designated by law for crossing roads. It was opined that in such cases, the standard of care is much more on the drivers as pedestrians have priority on the ‘Zebra Crossing’.
“It would be egregiously outlandish to suggest that one who is killed or sustains injury solely because he/she took the liberty of making the crossing through such designated area, should nevertheless be held guilty of contributory negligence.”
Further, the Court elucidated that even as per statutory obligations in the Rules of the Road Regulations, 1989, the driver must slow down at a road intersection, road junction, pedestrian crossing or a road corner.
The Hon’ble Justice Devan Ramachandran further examined the international standard and practice in this regard and asserted, “Pedestrian Crossings/Zebra Crossings are meant to offer priority to pedestrians and it becomes their right to use the same, as and when they require it, especially when there are no traffic lights controlling movement through it.”
The present case was remarked to be an eye-opener as it exposed the underlying maladies on the roads, the brunt of which is faced mostly by children and the aged.
Since the driver of the motor vehicle was a Police Driver, the liability as held was much more imperative than others. Based on this, the Kerala High Court concurred with the order of the Motor Accidents Claims Tribunal and upheld the order awarding an amount of Rs. 48,32,140 along with the interest as compensation.
Case Title: Kerala State Insurance Department v. Joy Wilson M.V. & Ors.
Coram: Hon’ble Mr. Justice Devan Ramachandran
Case No.: MACA No. 352 of 2022
Advocate for Appellant: Adv. Government Pleader Sri S. Gopinadhan
Advocates for Respondents: Advs. Srinath Girish P., M.K. Sumod Mundachalil Kottieth, Nirmal S., P. Jeril Babu, K.R. Avinash, Abdul Raoof Pallipath, Vidya M.K.
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(With input from news agency language)
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