Driver Can't Escape Negligence By Citing Sudden Appearance Of Stray Animal, Must Anticipate Road Hazards: Delhi High Court

The Delhi High Court has observed that the “agony of the moment” principle cannot be invoked to absolve a driver of negligence merely because a stray animal suddenly appears on the road.

Justice Anish Dayal said that drivers are expected to anticipate such hazards and exercise reasonable care to prevent harm to vehicle occupants and other road users.

The Court made the observation while dismissing an appeal filed by ICICI Lombard General Insurance Company challenging a Motor Accident Claims Tribunal (MACT) award granting compensation of ₹1.70 crore, along with 12% interest, to one Satish Chandra Gupta, who suffered grievous injuries after the car in which he was travelling crashed into a road divider while attempting to avoid a dog.

The Court held that the driver's plea that he had swerved to save the animal did not, by itself, absolve him of negligence.

It observed that the case involved a sudden danger arising from a stray animal, rather than one created by another human agency, and that drivers must remain vigilant and exercise reasonable care in such circumstances.

“The 'agony of the moment' or the 'sudden danger' is present in both situations,” the Court observed, distinguishing between peril caused by another person's conduct and peril arising from an animal or natural cause.

The Court explained that while a person confronted with sudden danger may not be expected to exercise perfect judgment or presence of mind, the position is different where the danger arises from a stray animal or other intervening natural cause.

“Road users have a propensity not to follow road discipline or to adhere strictly to traffic regulations. This naturally triggers myriad unpredictable situations, which road users in India are often faced with. To avoid mishaps, this naturally requires faster reflexes, consistent alertness and presence of mind. The country is beset with a huge number of motor accidents occurring due to various causes, be it careless pedestrians, stray animals, aggressive drivers, overspeeding, drunken driving, lane indiscipline, etc,” the Court said.

“A driver's conduct could be negligent on various fronts, such as, driving at a speed where they could not control the vehicle, or not paying enough attention to the road, or not having visual focus to be able to anticipate the danger much earlier. All these factors could contribute to lack of reasonable care,” it added.

However, Justice Dayal noted that decisions applying the principle of “agony of the moment” in cases involving danger caused by another person could not be applied mechanically to accidents triggered by stray animals.

The Court also referred to judicial precedents holding that the unpredictable behaviour of animals on roads does not automatically absolve drivers of liability.

It emphasised that negligence must be assessed in light of the circumstances, including the degree of care, precaution and vigilance reasonably expected of a driver.

The accident occurred on May 28, 2014, when Gupta was travelling in the rear seat of a car driven by Sanjay Bhati. Bhati swerved to avoid a dog, causing the vehicle to hit a divider.

Gupta suffered severe hypoxic-ischaemic encephalopathy and remained in a coma until his death on August 22, 2020.

The Insurance Company had also disputed whether Gupta was travelling as a passenger or driving the vehicle.

The Court rejected the said contention, relying on the ambulance driver's testimony, the driver's own statement, and the Detailed Accident Report.

It further held that Gupta was covered under the comprehensive or package insurance policy, while noting that the Insurance Company had failed to establish that Gupta was an employee of the company that owned the vehicle.

Accordingly, the Court dismissed the appeal and directed the Insurance Company to deposit the remaining 50% of the compensation, along with accrued interest, for release in a lump sum, considering that Gupta had since passed away.