Sleeping On Pavement Doesn't Reduce Driver's Negligence, Says Court In Accident Case

The Delhi High Court has ruled that people sleeping on pavements cannot be held responsible for contributing to a road accident caused by a negligent driver, stating that the responsibility lies with motorists to exercise caution in areas meant for pedestrians. The court enhanced compensation awarded to victims and families of those killed in a road accident, rejecting a previous decision that had reduced the compensation by attributing contributory negligence to the victims.

Justice Anish Dayal set aside the order of the Motor Accidents Claims Tribunal (MACT), which had reduced the compensation payable to the families of two deceased victims and two injured survivors by 50 per cent. The High Court observed that the finding of "contributory negligence" against the claimants was not legally sustainable, as merely resting or sleeping on a pavement due to difficult circumstances cannot be considered a factor that contributed to an accident caused by a vehicle being driven onto a pedestrian pathway.

The case relates to a road accident that occurred in October 2015 on the pavement beneath Madipur Metro Station in Delhi. According to the case details, a truck travelling at a high speed struck four people who were sleeping on the pavement around 4:30 am. The victims included two people who died in the accident and two others who survived but suffered injuries. While examining the matter, the High Court noted that pedestrians using pavements for walking, standing or resting cannot reasonably be expected to anticipate that a motor vehicle would be driven onto an area exclusively meant for pedestrian movement.

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The court emphasised that drivers are required to be more careful while operating vehicles near footpaths and other pedestrian zones. "It is a reality in this country that many persons are homeless, work through the night, or are part of labour deployed at various construction sites and do not have a place to sleep. For such persons, these pavements also become a relatively safer place to rest, considering that they do not expect vehicles to be driven onto the pavements and mow them down," the court said in its judgment passed on July 8.

The court further observed that even if someone chooses to sleep on a pavement because of unavoidable circumstances, such a decision cannot automatically be interpreted as negligence. It stated that a pedestrian's use of a pavement for resting does not justify or excuse a driver's violation of traffic rules by driving onto a footpath. "Even if it is not being used for the purpose it is intended for, still it certainly cannot be used for driving, which is completely prohibited under the law," the court held.

The High Court's decision highlights the legal principle that road users, particularly drivers operating heavy vehicles, have a duty to maintain caution and prevent harm to vulnerable pedestrians. The court's ruling also recognises the social realities faced by homeless individuals and daily wage workers who may have no alternative but to use public spaces for rest.

By removing the 50 per cent deduction imposed by the MACT, the High Court restored the victims' entitlement to full compensation as determined under applicable legal provisions. The judgment reinforces that negligence by a motor vehicle driver cannot be shifted onto accident victims merely because they were present in a vulnerable location when the collision occurred.

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