Indian High Courts rule on vehicular negligence and criminal intent

Two separate Indian High Courts have issued significant rulings regarding vehicular negligence and criminal liability.

The Delhi High Court rejected the ‘agony of the moment’ defense in a case where a driver swerved to avoid a stray animal, causing a collision that resulted in a fatality. The court held that drivers must anticipate such road hazards and that the insurer remains liable for compensation. The ruling dismissed an appeal by an insurance company against a compensation award of Rs 1,70,86,530.

In a separate matter, the Karnataka High Court ruled that a motor vehicle driven recklessly toward a person can be considered an ‘instrument of death’. The court dismissed a plea to quash attempt-to-murder charges against a driver who allegedly ran over a police constable during a drunken-driving check. The court emphasized that a victim's survival does not diminish the criminality of the act or the gravity of using a vehicle as a tool of intimidation against public servants.