Delhi HC sets aside order denying compensation to kin of Good Samaritan who died helping accident victim

New Delhi, Dec 27 (IANS) The Delhi High Court has observed the critical need for legal protection for individuals acting out of benevolence and aiding road accident victims.

Justice Dharmesh Sharma’s observation came in response to a case where a widow was denied compensation for her husband’s death while assisting accident victims.

The deceased was a truck driver who stopped to help an accident victim on a national highway. Tragically, he was hit by a speeding vehicle while returning to his truck and succumbed to his injuries.

The compensation commissioner initially denied compensation, arguing that the driver’s actions were not part of his duty.

The court, however, criticised this decision, stating that it overlooked the broader scenario where helping an injured person on a public road is the prime duty for every citizen.

Justice Sharma invoked the concept of ‘Good Samaritan’ from the Holy Bible, saying that legal protection is crucial to encourage individuals to provide assistance without fear of legal repercussions.

Referring to international views on Good Samaritan laws, the court noted their role in protecting those who help others out of benevolence.

Without such legal protection, the court said, attributes like ‘kind-heartedness’ and ’empathy’ would be stripped off their humanity, making it impossible for individuals to act altruistically.

Justice Sharma’s order derived its view from Article 51A, stressing citizens’ responsibility to observe basic norms promoting a welfare society.

The court then set aside the order denying compensation, directing a reassessment of the compensation amount within two months.

Considering the widow’s prolonged struggle, an interim compensation of Rs 5 lakh was also ordered.

–IANS

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