The Delhi High Court has observed that rash and negligent driving does not amount to excessive speeding.Failure to exercise caution, especially while overtaking a moving or stationary vehicle, is negligence.The observation was made by the High Court in a case in which a motorcyclist died after hitting a DTC bus parked in the middle of the road without any signal or light indicator on the night of July 22, 2012.In the case, the Motor Vehicle Accident Tribunal had ordered the insurance company to pay compensation of more than Rs 1,700,000 to the dependents of the deceased.Along with this, it was also ordered to pay annual interest at the rate of 7.5 percent from the filing of the petition till the period of payment.But the tribunal also held the motorcyclist's negligent driving partly responsible for the accident.For which the tribunal ordered a deduction of 20% from the sanctioned allowance amount.The dependents of the deceased demanded an increase in the compensation amount from the High Court, stating that the compensation amount approved by the tribunal is less. A bench of Justice Gaurang Kanth said in its order that there is no doubt from the statements of eyewitnesses that the accident occurred due to irresponsible and negligent parking of the DTC bus in the middle of the road.But the accident could have been avoided if the deceased motorcyclist had driven his motorcycle with due care while crossing the bus parked on the road. The bench was of the view that rash and negligent driving does not in every case amount to excessive speed, Failure to drive with due care is also the same as negligence .The bench upheld the tribunal's decision to deduct 20% from the compensation amount for negligence contributing to the accident. Deceased was 54 years old at the time of the accident. He was working as a government contractor in Delhi.He is survived by his mother, wife, three sons and two daughters at the time of his death.Taking into consideration the annual income of the deceased and other relevant factors, the bench enhanced the amount of compensation from Rs.1749491 to Rs.4216747:88.Out of this Rs 843349:57 will be deducted at the rate of 20% for negligence contributing to the accident.
