Opening a Car Door Without Warning Amounts to Negligence
The Delhi High Court, in IndusInd General Insurance Company Ltd. v. Roshan Kumar Sahu & Ors. dismissed the insurer’s appeal and upheld the compensation awarded by the Motor Accidents Claims Tribunal (MACT)Tiz Hazari Courts. The case arose from an accident in which a motorcyclist collided with the suddenly opened door of a car. The Court held that opening a vehicle door without checking for approaching traffic or giving warning constitutes negligence. The insurer’s argument that the motorcyclist should bear contributory negligence was not accepted.
The Court also upheld compensation considering the claimant’s 90% permanent disability, including attendant charges. It reiterated the Supreme Court principle in Raj Kumar v. Ajay Kumar that percentage of physical disability cannot automatically be equated with loss of earning capacity; the actual impact on the person's occupation and ability to earn must be assessed.
Public Awareness: Before opening a vehicle door on a road, drivers/passengers must check approaching traffic and give adequate warning. A moment of carelessness can cause life-changing injuries—and legal liability.
+91 88262 30101
Opening a Car Door Without Warning Amounts to Negligence
The Delhi High Court, in IndusInd General Insurance Company Ltd. v. Roshan Kumar Sahu & Ors. dismissed the insurer’s appeal and upheld the compensation awarded by the Motor Accidents Claims Tribunal (MACT)Tiz Hazari Courts. The case arose from an accident in which a motorcyclist collided with the suddenly opened door of a car. The Court held that opening a vehicle door without checking for approaching traffic or giving warning constitutes negligence. The insurer’s argument that the motorcyclist should bear contributory negligence was not accepted.
The Court also upheld compensation considering the claimant’s 90% permanent disability, including attendant charges. It reiterated the Supreme Court principle in Raj Kumar v. Ajay Kumar that percentage of physical disability cannot automatically be equated with loss of earning capacity; the actual impact on the person's occupation and ability to earn must be assessed.
Public Awareness: Before opening a vehicle door on a road, drivers/passengers must check approaching traffic and give adequate warning. A moment of carelessness can cause life-changing injuries—and legal liability.