The Court observed that the incident exemplified the combined consequences of the absence of pedestrian pathways on major roads and irresponsible driving.

Justice Devan Ramahcandran made the observation while considering a writ petition relating to the poor road conditions in the State and the accidents which are caused by the same.

The footage of the accident was played during the Court proceedings on the request of amicii curiae.

Taking serious note of the incident, the Court observed that the woman's death was the result of a systemic failure and that the authorities ought to have taken preventive measures to protect pedestrians rather than merely responding after accidents occur.

"The site of an accident yesterday of a young girl of 28 years who was knocked down by a heavy vehicle is unsettling and hugely disappointing," the Court observed.

The Court specifically observed that this was not a case where the pedestrian had suddenly emerged from a side road. She was walking facing the oncoming traffic and could have been noticed by anyone driving along the road.

Expressing condolences to the bereaved family, the Court observed that Akshara's death was not merely a loss to her family but also to civil society.

"She is a daughter, she is a wife, she is perhaps a mother and her loss can never ever be reparated. This Court certainly joins the family in their grief, but I am aware that it is of little solace because her life could not have been snatched away like this, had the system heeded to the repeated warnings of this Court.” the Court said.

The Court offered an apology for the failure of the system that ought to have protected her.

“The loss is not to her family alone, but the civil society and this Court, being the least, offer apology for the failure of the system that ought to have protected her.” the Court said.

Arun K Pavithra, Deputy Commissioner of Police (Law and Order), Kochi City, appeared online before the Court along with three Assistant Commissioners of Police, who were physically present.

The DCP submitted that the Police Department was fully aware of the gravity of the problem and assured the Court that a complete crackdown on reckless and speedy driving would be undertaken henceforth.

He also informed the Court that the police were introducing a Smart ID System under which QR codes would be provided to every employee engaged in public transport vehicles. The system is intended to facilitate effective monitoring of their conduct.

He further acknowledged that several public camera surveillance systems installed along roads were currently non-functional. Steps were being taken to restore them immediately.

The DCP also stated that, once the Smart ID System was implemented, vehicle owners could also be held accountable for the actions of their employees and drivers. The Police Department would formulate an appropriate protocol in this regard.

K. Anand, Standing Counsel for the Cochin Corporation, also acknowledged before the Court that several major roads in Kochi lacked pedestrian pathways.

He further submitted that even where pedestrian pathways existed, they were either encroached upon or obstructed by traders and other establishments.

The Corporation assured the Court that it would work in coordination with the Police Department to improve the situation and ensure better pedestrian safety.

The Court referred to the recent direction of the Supreme Court recognising the right to pedestrian pathways as a fundamental right.

It observed that when the right to pedestrian pathways is recognised and constitutionally protected, violations of that right must entail accountability on the part of the officials and authorities responsible for ensuring its enforcement.

“The honorable Supreme Court has recently declared that the right to Pedestrian path is a fundamental right. When the right is so certified and protected, the violations should render the officials and other authorities fully responsible.” the Court observed.

In the context of Akshara's death, the Court observed that where a road did not provide designated space for pedestrians, it was incumbent upon the Police and other authorities to regulate traffic in such a manner as to prevent accidents.

"Actions after the accident are merely an afterthought. What is necessary is the will and the commitment to avoid it." the Court remarked.

The DCP requested the Court to grant the authorities a few days' time to implement the proposed measures and assured that immediate steps would be taken.

Taking note of the undertakings given by the Police and the Corporation, the Court stated that it was inclined to grant the authorities time to act, while emphasising that the process must commence immediately.

The matter will be posted next week for further consideration.

Counsel for Petitioner - Tom K. Thomas

Counsel for Respondent - Benhur Joseph Manayani, S. Krishnamoorthy CGC, Johnson Manayani, Jomy George, Jeevan Mathew Manayani, Sebastian Thomas, C.M. Suresh Babu, SC - Cochin Corporation, M. K. Thankappan, SC - GCDA, Thomas Antony, Atul Sohan, K. Janardhana Shenoy, SC - Kochi Municipal Corporation, B. G. Bidan Chandran, Lejo Joseph George, A. K. Preetha, B. Arunkumar, Rilgin V. George, G. Hariharan, Praveen H., Anil Kumar, M. Sivaraman, R. Reji (Attingal), Sreeja Sohan K., M.U. Vijayalakshmi (Advocate By Court Order) S. Ramesh Babu, SC - Cochin Corporation, P. Benjamin Paul, SC - Kerala Water Authority

Amici Curie: S. Krishna, S. Vinod Bhat, P. Deepak