Opening Car Door Without Checking Traffic is Negligence: Delhi High Court

The Delhi High Court has ruled that opening a car door without checking for oncoming traffic constitutes "sheer negligence."

Court affirmed a Motor Accidents Claims Tribunal's decision, holding a car driver liable for a collision with a 21-year-old motorcyclist. The victim suffered 90% functional disability, resulting in traumatic paraplegia.

The Court rejected the insurer’s plea of contributory negligence, stating that safety distance regulations do not excuse a driver’s failure to monitor their surroundings before opening a door.

The Court upheld the compensation award, emphasizing the life-altering impact on the claimant’s earning capacity and lifelong need for an attendant.

[IndusInd General Insurance v. Roshan Kumar Sahu]