Can’t unleash incompetent, unlicensed drivers upon public, says Delhi HC

Justice Gaurang Kanth also observed multiple incidents of negligent and rash driving involving DTC drivers which led to several deaths and injuries. They also advised DTC to check the antecedents of its prospective employees properly and provide them with proper training before allowing them on road.

“It is relevant to mention that the numerous instances of rash and negligent driving involving DTC buses resulting in severe injuries and deaths in Delhi in the period concerned cannot be lost sight of. Even today, the strain of this malaise subsists. A public transport undertaking is not expected to unleash untrained, incompetent, and unlicensed drivers upon the unsuspecting innocent public,” the court said in its recent order.

“It is expected from a public employer such as the appellant DTC, being a statutory undertaking, that it would exercise due caution and care apropos verification of documents submitted by a person who is offered employment,” it said.

The DTC has appealed against the order of the Motor Accident Claims Tribunal which awarded ₹19 lakh as compensation to the father, wife and minor son of the deceased. The tribunal also allowed the insurance company to recover the amount jointly and severally from DTC and the driver.

The high court dismissed the DTC appeal as it failed to prove the skills of the driver, who was hired without any necessary driving test and the genuineness of the driver’s license was also not verified. The transport authority cannot absolve itself of the liability, the court observed.

“The position of a public transport undertaking, or a large public transporter, who engages a number of drivers-in hundreds and thousands, to drive their fleet of vehicles, is different from a private individual who engages one or two drivers for his/ her personal service,” the court observed.

“It is evident that the Appellant/DTC being the employer/owner of the vehicle has clearly failed in its duty to exercise reasonable care apropos use of the public transport bus for ferrying ordinary unsuspecting passengers who board it with the bonafide belief that its driver is duly licensed and has undergone requisite training and has the competence to drive a public bus on the roads of Delhi,” the court added.

The court also stated that “utmost good faith,” is the basis of an insurance contract. When an insurer extends insurance coverage, it is assumed that the insured will take all necessary precautions and act reasonably.

“In the employment of drivers by a Government undertaking, the basic qualification is the possession of the driving license. The exercise of checking the validity of the driving license could be carried out even after offering provisional employment to the successful candidates,” it stated.

With inputs from PTI.