Recently, while granting compensation of ₹ 51 lakh to a person who lost his left leg due to rash and negligent driving by a DTC bus driver. the Delhi Court has directed the Delhi Transport Ministry to ensure that the drivers of DTC buses drives in a proper manner.
In the said matter, the victim had fallen from the bus when he was trying to board the bus and his leg, below the knee, was crushed under the tyre. It was amputated.
The single-headed bench of Justice Ekta Gauba Mann directed United India Insurance to pay compensation of ₹ 51 Lakh to victim Sudarshan Pradhan.
The Court said that the DTC bus driver only slowed down the bus at the bus stand and did not stop the bus. The front gate of his bus was also opened during driving and he was driving the bus rashly and negligently that the petitioner fell down while trying to board the bus and his left leg has been crushed under the tyre of the bus.
"So, I direct the Ministry of Road Transport, the government of NCT of Delhi, being Head of the DTC Department, to ensure that DTC bus drivers drive the bus in a proper manner and they stop the bus at the bus stand and not to keep any gate of bus open while driving. The gates of the bus should open when the bus stop at the bus stand so that public can board the bus as the DTC bus is public transport and the public have the right to travel in public transport," the judge ordered on June 6.
The MACT Judge passed the direction while disposing of the petition moved by the victim Sudarshan Pradhan. He is a worker in a private firm and was 39 years of age when he met with the accident on October 16, 2020. He was working in an IAS academy as a peon.
He had filed a petition against the bus driver, DTC and United India Insurance Company. He had sought compensation.
The petition stated that on October 16 in 2020, that he was going to his home at Sant Nagar, Burari along with his friend Tinku Mandal and they were standing at a bus stand waiting for the bus on the opposite side of the Signature Apartment.
After some time at about 12.30 pm, a bus (DTC) from BBM Depot side in a rash and negligent manner and in a high speed and the driver turned the bus from the red light of Signature Apartment to Parmanand Chowk, at that time its front gate was open and petitioner gave the signal to stop the bus, the judgement reads.
"The driver slowed down the bus and the petitioner tried to board the bus. In the meantime, the driver of the said bus drove the bus at a high speed and as a result of which the rod of the bus slipped from the hand of the petitioner and the petitioner fell down on the road," the judge said.
Thereafter, the driver of the offending vehicle drove his bus crushing the left leg of the petitioner with its front tyre. As a result of which, the petitioner suffered serious injuries. He was taken to Loknayak Hospital for treatment, the court noted in the judgement.
However, the driver and the DTC in their joint written statement stated that the accident was caused due to rash and negligence of the petitioner himself, as the petitioner tried to board the moving bus and he was in a state of intoxication and at the place of the accident there was no designated bus stop or zebra crossing.
The insurance company filed a written statement and stated that the offending vehicle was insured with it on the date of the accident.
However, it took the plea that there was no bus stop where the injured tried to board the bus from the front gate and received injuries.
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