NEW DELHI: A Delhi tribunal has held that the act of opening a vehicle’s door without any warning or indication, and without checking for oncoming traffic constitutes “rashness and negligence” on driver’s part.
The Motor Accident Claims Tribunal made the observation while awarding over Rs 84.50 lakh as compensation to a 21-year-old man, who suffered 90 per cent permanent disability after his motorcycle collided into a car door when its driver opened without warning in August 2024.
Tribunal’s presiding officer passed the order on a petition filed by victim Roshan Kumar Sahu.
“The act of opening the door of a vehicle by its driver, without any warning or indication itself indicates the existence of rashness and negligence on his part. It stands proved that the accident was a direct result of this negligence,” the judge said.
According to the petition, on August 20, 2024 Sahu was going to a bank branch in Burari on his motorcycle when the car driver, Wahabuddin, a doctor by profession, opened the driver’s side door, without checking for oncoming traffic, and without giving any warning. Sahu’s motorcycle collided with the door of the offending vehicle, resulting in multiple injuries to him.
The judge passed the order after observing that the petitioner had been medically certified as 90 per cent permanently disabled.
The tribunal fixed the compensation amount noting that the victim was 21 years old at the time of the accident and was assumed to be earning minimum wages payable to a graduate person in Delhi. The compensation amount included Rs 64.58 lakh for loss of future earnings.