Roads are meant for traffic of vehicles and not for sleeping at night: Tribunal
A motor accident claims tribunal (MACT) recently said that if you sleep on the street and are run over by a truck, you are equally responsible for the mishap
A motor accident claims tribunal (MACT) recently said that if you sleep on the street and are run over by a truck, you are equally responsible for the mishap.
A report in The Times of India informed that the tribunal halved the compensation to the family of a victim who was killed by a reversing dumper truck when he was asleep on Sewri Road 10 years back.
The tribunal explained, “Roads are meant for traffic of vehicles and not for sleeping at night. It was the responsibility of the injured to not sleep on the road. He should have at least slept on the footpath."
The tribunal ordered Reliance General Insurance and Shaikh Shaukatali, the owner of the dumper truck, to pay only Rs 9 lakh of the total insurance amount of Rs 18 lakh to the family of the 35-year-old man Prakash Shukla.
The deceased’s family had put up the claim in March 2008 while the accident took place on November 2, 2007. According to the report, at around 4.45 am, when the victim was sleeping outside his home, on a corner of the road, the reversing truck ran over him.
As per the report, the family alleged that the truck driver reversed speedily without blowing the horn. However, the tribunal concluded, "No doubt, it was the responsibility of the driver to take proper care while reversing the vehicle. It appears that the deceased was sleeping on the road in a corner. This shows that the deceased himself was also negligent.Considering this fact, I hold that in this accident, the deceased and the dumper driver are both 50-50% negligent.”