Pedestrian Crossings Must Be Marked & Enforced On All Main Roads: Kerala High Court Orders State Govt, NHAI To Take Necessary Action

The Kerala High Court has ordered that the pedestrian crossings must be marked and enforced on all main roads, and called it a "forensic duty" of the authorities. 

Justice Devan Ramachandran was dealing with an appeal preferred by the Kerala State Insurance Department against the Motor Accidents Claims Tribunal award of Rs.48,32,140 in favour of the kin of a 50 year-old woman who was hit by a police vehicle when she was crossing the roading using the 'Zebra Crossing'.

The court slammed the State Insurance Department for its argument that the deceased had been careless and negligent while crossing the road.

Terming the case as an 'eye opener' for everyone, Justice Devan 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 it. This Court is fully aware if 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 – and quickly, with the traffic increasing and the jostle for space in our roads escalating rapidly. Pedestrian Crossings must be marked and enforced on all main roads – this is the forensic duty of the Authorities and officers concerned". 

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.

"Though the Appeal stands dismissed, the Registry will list this matter for reports by the afore mentioned Authorities on 10.03.2023," the court ordered.

The court said the case exposes the underlying maladies on the roads – the complete lack of knowledge of road safety by drivers, their recklessness and the cavalier regard for law.

"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," it added.

Justice Ramachandran also observed that it is internationally accepted and does not require any restatement by the court, that PedestrianCrossings/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," said the court. 

Case Title: Kerala State Insurance Department v. Joy Wilson M.V. & Ors.

Citation: 2023 LiveLaw (Ker) 65

Click Here To Read/Download The Judgment