Delhi HC stays order giving compensation to man who met with accident due to chained barricades

New Delhi [India], September 9 : The Delhi High Court on Wednesday stayed an earlier single-judge bench order in which it had awarded a Rs 75 lakh compensation to a person who met with an accident due to chained Delhi Police barricades.
A division bench of Chief Justice DN Patel and Justice Prateek Jalan stayed its earlier order dated May 18 while admitting an appeal moved by the Delhi Police challenging the single-judge bench order the order which had awarded Rs 75 lakh compensation to the person.
The earlier order was passed by a single-judge bench of Justice Navin Chawla.
Advocate Gautam Narayan, additional standing counsel appearing for the Delhi Police, submitted that the impugned judgment has accepted the case set up by the petitioner despite the fact that it is not supported by any evidence with regard to the factors that caused the accident, and vicarious liability has been mulcted on the appellant.
The fact that the accident could not have occurred without contributory negligence on part of the motorist has been totally lost sight of, Narayan submitted.
He said that in order to restrict the movement of vehicles at night and curb law and order problems, and to address security concerns, especially keeping in mind that Delhi being the national capital is the seat of the Central government, sensitive establishments, home to embassies and high commissions, the Delhi Police actively takes several policing measures, including the placing of barricades from 12 am to 5 am in various parts of Delhi, including residential areas, to restrict and check movement.
A man named Dheeraj Kumar and his father had earlier approached the High Court seeking compensation towards the refund of medical expenses, loss of income/dependency, loss of prospects, continuing future needs, pain and suffering due to the accident.
Their plea said that at the time of the accident, Dheeraj Kumar was about 21 years old.
"One morning in December 2015, the father of the petitioner was informed that the petitioner had suffered a road accident. The petitioner, who was on a bike, had toppled because the police barricades were chained together so as to cordon off a road completely," the plea had said.
"After undergoing multiple surgeries and treatment, the petitioner was discharged from the hospital, in a state of unconsciousness. As per the discharge summary record, he was in a state of altered sensorium, eye opening to pain, not opening to commands. Since then, the condition of the petitioner has not changed," it had added.
The single-judge bench had concluded that the youth was entitled to damages for the negligence and failure of Delhi police to discharge its duty.