The Delhi High Court has firmly declined to hold a roadside barber operating on a footpath negligent in a road accident case. Delivering its verdict, the court emphasized that footpaths are safe and sacred spaces meant exclusively for pedestrians and are never intended for vehicular movement. Consequently, a barber who was struck down by a speeding and recklessly driven truck while working by the roadside cannot be held responsible for any share of negligence.
High Court Increases Compensation Amount
The ruling was pronounced by Justice Anish Dayal on August 19, ordering an increase in the compensation amount payable to the barber who operated his makeshift shop on a footpath in the Anand Parbat industrial area of Delhi. The High Court overturned a 2022 ruling by the Motor Accidents Claims Tribunal, which had previously reduced the compensation by 30 percent on the grounds of contributory negligence. Additionally, the court directed the insurance company to pay the appellant barber Rs 1.71 lakh along with an annual interest rate of 6 percent.
Background of the Incident
The incident dates back to September 2019, when the appellant was carrying out his work by placing a chair on the footpath and suffered severe injuries after being hit by a speeding truck. During the proceedings, Justice Anish Dayal noted that while placing a chair on the footpath for commercial work might render the appellant unauthorized under civic norms, it remains strictly a matter of municipal enforcement or civic responsibility rather than contributory negligence in a traffic crash.
Observations by the Court
The bench highlighted that motor vehicle drivers must show absolute respect for pedestrian zones, and a person cannot be accused of contributory negligence simply because of their presence on a footpath or pedestrian walkway.
The court stated that contributory negligence can only be established if the injured or deceased directly contributed to the occurrence of the crash, whereas in this specific case, the accident took place primarily because the vehicle was driven onto or collided with the footpath.
Reiterating its stance, the single bench pointed out that pedestrian walkways are designated sanctuaries that should never experience vehicular intrusion. The accountability for such incidents rests entirely with the driver operating the vehicle in a prohibited and dangerous manner.
Broader Context and Social Media References
Footpath safety and violations have frequently sparked public discussions, such as a widely circulated video where an elderly woman in Kozhikode stood like a rock in front of a scooty rider misusing the footpath, successfully halting the violation. Public awareness surrounding urban pathways also garners international attention, exemplified when an American vlogger expressed surprise at street cleanliness in India and issued a strong rebuttal to online trolls regarding urban conditions.
