Mumbai: Court holds scooty rider who overtook from left, also responsible for mishap

The incident had taken place near Sukhsagar restaurant signal when the complainant Ajil Khan was headed from Haji Ali to Nariman Point.

Bhavna UchilUpdated: Tuesday, May 03, 2022, 08:16 PM IST
article-image
File Photo

A magistrate court has held a victim in a road accident also responsible for the mishap and said that he had not taken reasonable care and tried to overtake the taxi with his scooty from the left side through a narrow space.

The incident had taken place near Sukhsagar restaurant signal when the complainant Ajil Khan was headed from Haji Ali to Nariman Point. Khan had lodged a complaint against a female student and stated that she had suddenly opened the door of a taxi she was commuting in, due to which it had hit his scooty’s handle and he had fallen. He had suffered a ligament tear due to the accident.

The court said in its judgment that the prosecution witness taxi driver had deposed when cross-examined that the complainant was driving the two-wheeler at a high speed and that there was only a distance between 1 to 1.5 ft between the taxi and the footpath to its left. “The distance of 1 to 1.5 ft is a very narrow distance and a two wheeler cannot move from it. Taking a two wheeler in the distance when a taxi is standing is also not safe,” Metropolitan Magistrate Nadeem Patel said in the order.

“Even if it is assumed that the door was opened by the accused, the rider of the two wheeler is equally responsible. He should have taken due care. Generally vehicles should overtake from the right side,” the court stated. It noted that the complainant had tried to overtake from the left side when the taxi was standing very close to the footpath. Therefore, it said that even if the door opened suddenly, it cannot be said that the accused is negligent.

Magistrate Patel said that therefore, it cannot be said that the accident took place only due to the negligence of the student. The court called it a case where both sides had not taken adequate care.

(To receive our E-paper on whatsapp daily, please click here. To receive it on Telegram, please click here. We permit sharing of the paper's PDF on WhatsApp and other social media platforms.)

RECENT STORIES

Few trains of Western Railway to be affected due to work of double line between Jagudna –...

Few trains of Western Railway to be affected due to work of double line between Jagudna –...

Mumbai: Prepaid black and yellow taxi stands at CSMT to restart after nearly 2.5 yrs

Mumbai: Prepaid black and yellow taxi stands at CSMT to restart after nearly 2.5 yrs

Mumbai: Cyber-fraud offers victim lucrative telecom plan, siphons Rs 2.25L from his bank account in...

Mumbai: Cyber-fraud offers victim lucrative telecom plan, siphons Rs 2.25L from his bank account in...

Mumbai: 7 members of family stuck in high tide at Aksa beach rescued by lifeguards

Mumbai: 7 members of family stuck in high tide at Aksa beach rescued by lifeguards

Kalyan-Dombivali & Thane-Vasai water route to sail soon

Kalyan-Dombivali & Thane-Vasai water route to sail soon