The driver of a vehicle on a highway has a duty to take reasonable and proper precaution in the use of the vehicle and failure to observe such precautions will give a cause of action to any person who suffers damages.

JUDGMENT :- This appeal arises out of the proceedings before the Motor Accidents Claims Tribunal, Madras. The Claims Tribunal (Chief Judge, Court of Small Causes. Madras) awarded compensation in a sum of Rs. 10864-47 to the respondent herein, as he was involved in an accident which occurred at about 2 p.m. on 26-4-1962, the result being that he became a permanently disabled man.

2. The claimant's (respondent herein) case before the Tribunal was that on the date of the accident i.e., 26-4-1962, while he was coming from Raja Annamalai Chettiar Road to Dasaprakash Hotel on the Poonamallee High Road, the taxi suddenly knocked him down, inflicting severe injuries with the result that he was confined in a hospital for a period of ten months. Though the doctors treated him for his injuries, he was not able to move his limbs freely with the result he has now become a lame man. He, therefore, claimed compensation against the owner of taxi and also the Insurance company with whom the taxi has been insured. The question that was considered by the Tribunal was whether there was rash and negligent driving of the car by the driver. Evidence was adduced before the Tribunal that at 2 p.m. on 26-4-1962, the traffic constable stopped the taxi coining from Aminjikarai towards Central Station, opposite the Dasaprakash Hotel, He allowed the traffic emanating from Raja Annamalai Chettiar road towards Aminjikarai. Then he stopped the traffic emanating from Raja Annamalai Chettiar Road and allowed the main traffic, that is, vehicles proceeding from Aminjikarai to Central station. The moment the traffic constable gave his release the taxi began to rush in and when it was proceeding towards Central station, the pedestrian, that is, the respondent herein, was knocked down with the result that he became a permanently disabled man.

3. The learned counsel for the appellant contended before me that it is purely an accident, and that just a few minutes before the accident the taxi was stationary under the directions of the traffic constable. At the time the traffic constable gave the release order to proceed from the Poonamallee High Road towards Aminjikarai he was travelling in a normal speed of about 20 miles an hour, and while he was proceeding towards Central station, the respondent herein suddenly emerged from Raja Annamalai Chettiar Road with an umbrella and involved himself in an accident. Therefore neither the driver nor the owner is responsible for this accident.

4. The traffic constable gave evidence stating that the moment he gave release order, the taxi began to run. But at the same time he saw a man crossing the Pooaamallee High Road holding an umbrella. At that time he said that there was no heavy traffic when the respondent came to the centre of the road. When there is no traffic in the centre of the road, the driver should have been careful in looking whether any person is moving across him or across the road. Ordinarily a person who drives a vehicle on a highway has a duty to take reasonable and proper precaution in the use of the vehicle and failure to observe such precautions will give a cause of action to any person who suffers damages. The driver must exercise not only care but also skill. He must observe the ordinary rules of the road. He should not drive at an excessive speed. What is an excessive speed will depend upon all the surrounding circumstances of the case. The driver must keep a proper look-out for pedestrians or other users of the road. He must whenever expedient give warning of his approach as at cross roads. Even if another user of the road is negligent he must exercise due skill in trying to avoid the consequence of that negligence. Failure on the part of the driver in any such matter would be a breach of duty on his part and he would be liable for the damages caused by his negligence. What will amount to a breach of duty will always depend upon the circumstances of the case and there is no rule limiting the degree