Pedestrian crossings must be marked, enforced on all main roads, observes Kerala HC
Feb 10, 2023
Kochi (Kerala) [India], February 10 : Kerala High Court, while hearing an accident case, has ordered that pedestrian crossings must be marked and enforced on all main roads.
Single Bench of Justice Devan Ramachandran called it "the forensic duty" of the authorities.
The court upheld a motor accident claims tribunal's order awarding compensation of Rs 48 lakh to the family of a 50-year-old woman who was injured after being hit by a police vehicle while crossing a zebra line in Kozhikode.
The court directed the Registry to serve a copy of the judgment on the Chief Secretary, Government of Kerala; State Police Chief; Secretary, Public Works Department; and the National Highway Authority of India, for necessary action.
While ruling the order, the court also observed, "Our roads are still woefully inadequate in pedestrian safety. There are seldom pedestrian crossings properly marked and even when they are, very few drivers heed them. This Court is fully aware of the rules relating to zebra crossing are taught to the learner drivers, but it is evident that they are never enforced. This must now change quickly, with the traffic increasing and the jostle for space on our roads escalating rapidly."
Dismissing the appeal by the Kerala State Insurance department, the court flayed the department's argument that the woman had been careless while crossing the road, the court termed the argument baffling, saying that the most "vulnerable road users" got confused which leads to making the matter far more dangerous.
"Pedestrians, especially children and the aged are probably the most vulnerable road users. The chaotic confusion in our roads makes matters far more dangerous; and when pedestrians are run down even on zebra crossings, it shows how precious little our drivers know of the Rules of User of roads," the court further said.
The court also stated that it is internationally accepted and does not require any restatement by the court, that pedestrian crossing and zebra crossing are meant to offer priority to pedestrians, and that it becomes their right to use the same, as and when they require it, especially when there are no traffic lights controlling movement through it.
"The Rules of the Road Regulations, 1989, render it statutorily obliged for the driver of a Motor Vehicle to slow down at a road intersection, a road junction, pedestrian crossing or a road corner," it added.
