LI Network
Published on: December 11, 2023 at 10:01 IST
The Delhi High Court has underscored the importance of protecting individuals who choose to aid those in distress, emphasizing that such “Good Samaritans” should not face harassment for their compassionate actions.
The court’s stance was articulated during a recent case where it granted interim compensation of over Rs 5 lakh to the widow of a truck driver who lost his life in 2018 while assisting a victim of a road accident.
Justice Dharmesh Sharma, in a recent order, acknowledged the Good Samaritan’s altruistic act, stating, “A person who chooses to take steps to aid a person in distress should not be harassed for showing kindness, and if in the process, the Good Samaritan suffers some injury or fatal consequence, the law must come to his rescue.”
The court’s decision came in response to the widow’s plea against the claims commissioner’s denial of compensation, contending that the deceased willingly put himself in danger, not in the course of his employment.
The court emphasized that a bystander or Good Samaritan should not be subjected to intimidation or harassment merely for voluntarily providing immediate assistance at the scene of a motor vehicle accident.
The judgment highlighted that the claims commissioner overlooked the broader aspect of the scenario, emphasizing that aiding an injured person on a public road or highway is a prime duty.
The court referred to “Good Samaritan laws,” which protect rescuers from legal action unless gross negligence or recklessness is involved.
The court critiqued what it referred to as “Bad Samaritan laws,” which impose a statutory duty on individuals to take positive steps to rescue someone in “grave peril.” The court cited an instance in Uttarakhand where onlookers chose to film a victim of a vehicle fire instead of offering assistance.
Setting aside the commissioner’s order, the court remanded the matter for reassessment of the compensation amount within two months.
To alleviate the financial strain on the claimants, the court directed an interim payment of Rs 5 lakhs with 12% interest from the date of the accident, subject to future adjustments based on the final determination of compensation.