Saturday, March 30, 2019

With folded hands', Madras HC appeals to motorists to drive carefully

TNN | Mar 30, 2019, 09.01 AM IST

CHENNAI: Deeply moved by a case in which the father of a girl was killed in a road accident when she was still in the womb of her mother, Madras high court appealed with 'folded hands' to motorists to be careful while driving, as not only their lives but that of other innocent people on the road were in their hands.

"This case should be an eye-opener for vehicle drivers to drive at a normal speed, and follow road rules and regulations. Any violation of road rules like drunken driving, reckless driving and speaking over mobile phone while driving would not only cause death or injuries to third parties, but also cause injuries or death to the driver. The drivers should understand that they are capable of causing death or injury to others due to their rash and negligent driving," a division bench of Justices N Kirubakaran and R Pongiappan said on Friday.

The bench made the observation on an appeal moved by Oriental Insurance Company Limited challenging the quantum of compensation awarded to dependants of Ragu, who was killed in a road accident on December 10, 2012.

Rejecting the appeal by the insurer, the court enhanced the award from 18.88 lakh to 25.30 lakh.

Empathising with the daughter of the deceased, the bench said, "Is it a sin to be born as daughter to a woman, who lost her husband in a road traffic accident, due to the negligence of a third party? Given the conservative nature of our society, the answer is in the affirmative, as the girl, who was an unborn child at the time of the accident, could not even see her father's face. He passed away when she was in her mother's womb, thereby casting a stigma on her, even before her arrival in this world." The girl was not only born fatherless, but with a stigma that she, in a way, was responsible for her father's death, as our conservative society would always try to find a scapegoat to fix the blame for an ill-fated tragedy that happened in the life of someone, the judges observed.

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