New Delhi, Oct. 24 -- The Delhi High Court has observed that road users in India have a propensity not to follow road discipline or to adhere strictly to traffic regulations.
The court's observation came while holding that "agony of the moment" principle cannot be invoked to absolve a driver of negligence merely because a stray animal suddenly appeared on the road and the vehicle met with an accident.
It said drivers are expected to anticipate such hazards and exercise reasonable care to prevent harm to vehicle occupants and other road users.
The court dismissed an appeal by ICICI Lombard General Insurance Company challenging an order of Motor Accident Claims Tribunal (MACT) which had awarded a compensation of Rs 1.7 crore with interest to Satish Chandra Gupta, who suffered grievous injuries after the car in which he was travelling crashed into a road divider while attempting to avoid hitting a dog.
The high court, in its order on October 5, held that the driver's plea that he had swerved to save the animal did not, by itself, absolve him of negligence.
It said the case involved a sudden danger arising from a stray animal, rather than one created by another human agency and that drivers must remain vigilant and exercise reasonable care in such circumstances.
"The 'agony of the moment' or the 'sudden danger' is present in both situations," Justice Anish Dayal said.
The court distinguished between peril caused by another person's conduct and peril arising from an animal or natural cause.
It said that while a person confronted with sudden danger may not be expected to exercise perfect judgment or presence of mind, the position is different where the danger arises from a stray animal or other intervening natural cause.
"Road users have a propensity not to follow road discipline or to adhere strictly to traffic regulations. This naturally triggers myriad unpredictable situations, which road users in India are often faced with.
"To avoid mishaps, this naturally requires faster reflexes, consistent alertness and presence of mind," the court said.
It said the country is beset with a huge number of motor accidents occurring due to various causes, be it careless pedestrians, stray animals, aggressive drivers, over speeding, drunken driving and lane indiscipline.
In this case, the accident occurred on May 28, 2014, when Gupta was travelling in the rear seat of the car driven by Sanjay Bhati. Bhati swerved to avoid the dog, causing the vehicle to hit the divider.
Gupta remained in a coma until his death on August 22, 2020.
The insurance company had also disputed whether Gupta was travelling as a passenger or driving the vehicle.
The high court said the decisions applying the principle of "agony of the moment" in cases involving danger caused by another person could not be applied mechanically to accidents triggered by stray animals.
It said negligence must be assessed in light of the circumstances, including the degree of care, precaution and vigilance reasonably expected of a driver.
Published by HT Digital Content Services with permission from Millennium Post.