The Bombay High Court on Wednesday urged citizens to inculcate basic civic sense on roads, observing that routine violations by both pedestrians and motorists are costing lives.
The court passed the order while partly allowing an appeal by the family of a deceased man against an April 2016 order of the Motor Accident Claims Tribunal (MACT), seeking enhancement of the compensation. The man had died after being hit by a Thane Municipal Transport Corporation (TMTC) bus in November 2012.
A single-judge bench of Justice Jitendra Jain in its April 8 ruling observed that pedestrians should be careful in following rules, as it is generally observed that people cross the road ignoring signals, which results in accidental death or injury.
“It is high time that we as responsible citizens follow the rules and regulations while crossing the road and by following signals. Merely because there are no vehicles coming from either side, people should not cross the road when the signals clearly show that they are not supposed to cross the road,” the judge observed.
The court also pulled up motorists, observing that though signal jumping has reduced, “more particularly people driving two-wheelers do not follow the signal rules and regulations and at times this has resulted in death and injury of not only the persons driving two-wheelers but also other innocent people”.
Seeking strict actions from traffic Police against two-wheeler riders violating signal rules, the judge emphasised that “rights and duties are two sides of the same coin and exercise of one must not lead to the neglect of the other”.
“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 judge said, adding that we should learn from how people driving vehicles as well as crossing the road behave in developed countries.
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The judge said while we follow rules for crossing and driving in foreign countries while abroad, there is no reason the same should not be done when we return to India.
The judge further noted that adults including parents set a dangerous example when they flout rules in front of children, remarking that “it is the moral duty and obligation of the elders and the parents” to demonstrate lawful behaviour because “children adopt quickly what they observe”.
The man, who was a priest and commission agent suffering from Parkinson’s disease and partial paralysis, met with an accident while crossing a road near Aradhana Talkies in Thane in November, 2012, and died in March 2013. The MACT had awarded the family Rs 13.23 lakh with 8% interest, attributing 50% negligence each to the man and the bus driver.
The High Court maintained the finding on contributory negligence and considered the monthly income of the deceased to be Rs 10,000 instead of Rs 8,000 and also granted Rs 50,000 towards pain and suffering, taking total compensation to Rs 15.15 lakh—an increase of Rs 1.92 lakh.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
