Mere Simple Touch/Hit By Heavy Vehicle Will Make Motorcycle Rider Lose Balance: Delhi HC Upholds Compensation For Deceased IB Inspector’s Family Hit By Delhi Jal Board’s Tanker

The Bench explained that a mere touch or hit by a heavy vehicle such as a tanker was good enough to make a motorcycle rider lose control and balance over the vehicle. The Court further noted that it was not a "golden rule" that there would always be some scratch marks or damage marks on the body of the hitting/offending vehicle.

A Single Bench of Justice Dharmesh Sharma observed, “Mere fact that PW-2 was unable to recollect as to which part of the motorcycle was hit by the offending tanker and that there were found no fresh damages in terms of the Motor Vehicle Inspection Reports are not decisive factors so as to exculpate the driver. Such facts do not lead to an inference that there was no fault on the part of the driver of the offending tanker.”

Advocate Amit Sharma represented the appellants, while Advocate Udai Bhan Kanwar Sehrawat appeared for the respondents.

The deceased Inspector was struck by a DJB tanker driven at high speed in a rash and negligent manner. Consequently, a claim petition was filed by the family (claimants) of the deceased Inspector under Sections 160 and 140 of the Motor Vehicle Act seeking compensation.

The driver contended that he was driving the tanker at a normal speed and it was due to rain that the mud became slippery and since the deceased was on a motor cycle, he could not control his vehicle and fell down and sustained injuries.

The driver contended that he was driving the tanker at a normal speed when rain made the mud slippery causing the deceased who was on a motorcycle to lose control and fall and ultimately sustain injuries. However, the Motor Accident Claims Tribunal (MACT) held that DJB was rash and negligent in causing the accident.

The High Court upheld the decision of the MACT stating that “the photographs of the place of occurrence that goes to raise a strong inference that there was a heap of sand lying on the left side of the road, the direction in which the vehicles were being driven, and due the said heap of sand on the road, there was left a very narrow passage of about 10-12 feet.”

“A mere simple touch or hit by a heavy vehicle such as the tanker in this case, or even a light vehicle, as in this case the motorcycle, might be good enough to make the rider of the motorcycle lose his control and balance over his vehicle. It is not a golden rule that there would always be some scratch marks or damage marks on the body of the hitting/offending vehicle,” the Court explained.

Consequently, the Court upheld the decision of MACT which held the driver of the offending tanker to be guilty of culpable rashness and negligence.

Accordingly, the High Court dismissed the appeal.

Cause Title: Delhi Jal Board & Anr. v. Chandra Kala & Ors. (Neutral Citation: 2024:DHC:4538)

Appearance:

Appellants: Advocate Amit Sharma

Respondents: Advocate Udai Bhan Kanwar Sehrawat

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