Doctor's Negligence in opening car door: Tribunal grants over Rs 84 lakh to accident victim

New Delhi: Noting that the doctor's act of opening the door of a car, without any warning or indication, demonstrated rashness and negligence on his part, the Delhi Tribunal has awarded over Rs 84.50 lakh as compensation to a 21-year-old man, who suffered 90 per cent permanent disability in a road accident in August 2024.

Presiding Officer Pooja Agarwal was hearing a petition filed by Roshan Kumar Sahu, who suffered severe injuries after his motorcycle collided with a car door when the doctor opened it without warning.

The accident occurred on August 20, 2024, when Sahu was going to a bank branch in Burari on his motorcycle when the doctor opened the driver’s side door, without checking for oncoming traffic, and without giving any warning, news agency PTI reported.

Sahu’s motorcycle collided with the door of the offending vehicle, resulting in multiple injuries to him.

Also Read:Indian Medical student dies, 2 injured in road accident in Kazakhstan

In a judgment dated January 16, the tribunal said, “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,” adding that, it stands proved that the accident was a direct result of this negligence.

The tribunal noted the petitioner had been medically certified as 90 per cent permanently disabled. He 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 tribunal awarded him a compensation of over Rs 84.65 lakh under various heads, including Rs 64.58 lakh for loss of future earnings.

The respondents had claimed false implication in the case and said that, being a doctor, had given first aid to the petitioner at his clinic before rushing him to Trauma Centre, Civil Lines. However, neither the doctor nor the owner denied the facts of the accident as stated by the prosecution or set up any defence against them.

The tribunal thus drew an adverse inference against the respondents, holding the act as negligence of part of the doctor.

The insurer of the offending vehicle, Reliance General Insurance Co Ltd, had also filed a legal offer of Rs 1.24 lakh which was not accepted by the petitioner. The tribunal noted that the vehicle insurer had admitted to their liability to compensate the petitioner considering they had not disputed the occurrence of the accident and had filed a legal offer. Thus, only the quantum of compensation was discussed by the tribunal,

Since the offending vehicle was insured at the time of the accident, the tribunal directed the insurer to deposit the full compensation amount.

Also Read:2 ESI Medical college Bengaluru students die in road accident