Footpath Accidents: Court Holds Drivers Responsible, Rejects Blame on Sleeping Dwellers

Court verdict on footpath accidents

IIE DIGITAL: The vehicle entering a footpath and causing an accident makes the driver responsible for the tragedy, not the people resting there, the Delhi High Court has ruled. The court recently clarified that the negligence of a driver cannot be passed on to those sleeping on the roadside due to a lack of shelter.

The observation came while hearing an appeal related to a road accident that occurred in October 2015 near Delhi’s Madipur Metro Station. Around 4 am, a speeding truck lost control and climbed onto the footpath, hitting four people who were sleeping there. Two of them lost their lives in the accident.

The case was initially heard by the Motor Accident Claims Tribunal, which had reduced the compensation amount by 50%, holding that the victims also shared responsibility because they were sleeping on the footpath. According to the tribunal, their decision to rest there amounted to contributory negligence.

The affected families challenged the order before the Delhi High Court, arguing that the victims could not be held responsible for a vehicle illegally entering a pedestrian area.

Hearing the matter, Justice Anish Dayal’s bench rejected the tribunal’s reasoning and observed that sleeping on a footpath cannot be treated as equal negligence compared to reckless driving. The court said that a pedestrian using a footpath for walking, standing or resting cannot be expected to imagine that a vehicle would suddenly mount the footpath.

The High Court stressed that drivers have a greater duty of care while operating vehicles and must remain alert to avoid such accidents. It also cancelled the tribunal’s decision to reduce the compensation and directed the insurance company concerned to pay the full amount to the victims’ families within six weeks.

The court, while delivering the judgment, also acknowledged the difficult circumstances faced by many homeless people and daily wage workers. It noted that several people who work overnight, including construction workers, often have no permanent place to rest. For them, footpaths sometimes become the only available option.

The bench observed that even if sleeping on a footpath carries certain risks, it cannot be considered a justification for reducing the liability of a negligent driver. The responsibility of preventing a vehicle from entering a pedestrian space remains with the person behind the wheel.

The court further highlighted that footpaths are meant for pedestrians, and even if they are not being used solely for walking at a particular moment, driving a vehicle on them is still prohibited by law.

The ruling sends a clear message that victims of road accidents cannot be blamed for the unlawful actions of careless drivers. The responsibility for controlling a vehicle and ensuring public safety rests firmly with those operating it.