Bombay HC: Follow Traffic Rules, Show Civic Sense; Court Enhances Compensation In Fatal Thane Bus Accident Case

Mumbai, April 9: The Bombay High Court has urged citizens to develop a stronger sense of civic responsibility and strictly adhere to traffic rules, while enhancing compensation awarded to the family of a pedestrian who died after being hit by a bus.

Delivering the order on Wednesday, Justice Jitendra Jain emphasised that road discipline must come from within and not be enforced externally. “In my view, it is high time that the people of this country inculcate within themselves the civic sense which we all have to follow without anyone compelling us to follow,” the court observed.

Double standards in following traffic rules

The judge pointed out that Indians tend to follow traffic norms strictly when abroad but fail to do so at home. “I do not see any reason why we should not follow the rules and regulations of our country while we return and are staying in India. There cannot be any justification for not following the same,” the court said.

Role of parents and elders highlighted

The High Court also highlighted the role of parents and elders in shaping responsible behaviour. It noted that violations by adults set a poor example for children.

“It is the moral duty and obligation of the elders and the parents to follow rules… so that the children learn these basic civic sense… It is rightly said children quickly adopt what they observe,” the court remarked.

Concerns over pedestrian and motorist behaviour

Observing that pedestrians often ignore signals, leading to accidents, the court stressed that individuals must exercise caution while crossing roads.

At the same time, it noted that motorists—particularly two-wheeler riders—frequently violate traffic norms. While acknowledging the efforts of traffic police, the court said stricter enforcement against violators was necessary.

Case background and tribunal award

The observations came while the court was hearing an appeal seeking enhancement of compensation awarded by a motor accident claims tribunal. The tribunal had granted Rs 13 lakh to the victim’s family.

The victim, who suffered from Parkinson’s disease and partial paralysis, was knocked down by a Thane Municipal Transport Corporation bus in November 2012 while crossing the road. He later succumbed to his injuries in March 2013.

Court balances negligence, increases compensation

The court noted that the deceased, given his condition, should have sought assistance while crossing a busy road, and held that some degree of negligence could be attributed to him.

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However, it also observed that the bus driver ought to have exercised greater caution. “The driver should have slowed down after seeing a person limping to cross the road,” the bench said.

Balancing the contributory negligence, the High Court enhanced the compensation to Rs 15 lakh.

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