Road safety rights for the general public.

Dheeraj Kumar And Anr vs Union Of India And Ors on 18 May, 2020

Delhi High Court

( HON'BLE MR. JUSTICE NAVIN CHAWLA)

 

                                                             You pay hefty road taxes.

                                                            Road safety is your Right !

In the ever-progressing times in India, legal maxims, judgments, developments and discussions in the legal world may still appear to be a spoken foreign language to the general mass. The judgments run to pages and many of them are a delight to read, not only from its legal point of view, but also because of its rich literary content and articulations.

However there are cases which are meant for everyone. They come as an awakening to the common people regarding their already existing basic rights and give direction to the general public, irrespective of the fact whether or not they are related to the legal profession. This case is one of them.

Facts:

The petitioner suffered an accident after colliding with barricades, which were placed on the road for the purpose of creating a road blockade during the lockdown hours. The barricades were chained, one with the other. One would notice in these times of lockdown that the law enforcement authorities have adopted the similar approach to block roads. The petitioner was riding a bike and went passed the chains that linked the barricades. Though the petitioner survived the accident, he is in a pitiable paralysed state.

The Police authorities had issued an Order (Standing Order) for management of such mobile barricades. The Clauses of the Standing Order inter alia stated that “all barricades must have necessary fluorescent paint as well as blinkers so that they are visible from a long distance. It is the responsibility of the ACP In-charge of the Sub Division and SHO to ensure that all barricades have such facilities…..and the barricades, under no circumstances, should be left unmanned. They should be removed from the carriageway, when not in use, so that they do not cause any traffic hindrance."

It is admitted by the respondents (in this case the law enforcement authority) that the barricades in question were not manned. It was found that there was no police officer posted with the barricades. Photographs filed by the petitioner further show that the area where the barricade had been placed was not properly illuminated and, in any case, the same did not have proper blinkers or other warning signs for the motorcyclists. Clearly, the chains tying these barricades together could under no circumstances be visible to a motorist from far.

Judgment:

While the Court observed that placing of barricades is done for the public good, at the same time, it casts a duty on the authorities to ensure that they do not become a cause for accidents. Further in the present case the barricades were not properly lighted, and it was come to conclusion that chains were not visible to the motorcyclists and further the barricades were unmanned. Thus negligence on the part of the authority/Police was established. The Court ordered compensation of 75 lakhs INR owing to the nature of injury. The Court also elaborately discussed the factors of loss of enjoyment of life, pain suffered, loss of future earning, and even prospects of marriage before ordering the amount of compensation.

Conclusion:

Road safety is a two-way traffic. While the law compels you to embrace road safety procedures, you also have the right as a tax payer to expect road safety standards adopted by the Government and question any acts/omissions amounting to negligence. In these times of nationwide lockdown you would often notice several chained barricades on the roads. One may take note of the above points (rather mandates) on unmanned barricades, inadequate illumination and other potential hazards. You may intimate your law enforcement authorities for the same and save yourself and the life behind you.

Stay safe.