HC: Public transport undertaking can't unleash incompetent & unlicensed drivers upon public

New Delhi: Refusing to interfere with compensation of over Rs 19 lakh to the family of a 26-year-old who died in an accident involving a DTC bus in 2011, the Delhi High Court has said that a public transport undertaking is not expected to unleash untrained, incompetent, and unlicensed drivers upon the unsuspecting innocent public.

Justice Gaurang Kanth noted that the bus driver had a fake driving licence and was negligently driving the vehicle and Delhi Transport Corporation (DTC) failed in its duty to exercise reasonable care while employing him.

The court observed that the numerous instances of rash and negligent driving involving DTC buses resulting in severe injuries and deaths cannot be lost sight of and a public employer should check the antecedents of its prospective employees and offer special training to selected candidates before offering employment.

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 court's order was passed on an appeal by DTC against an order passed by a Motor Accident Claims Tribunal awarding over Rs 19 lakh as compensation to the wife, father, and minor son of the deceased.

The claims tribunal also said the insurance company concerned would have the right to recover the amount jointly and severally from DTC and the driver.