Maniyar Iliyaz @ Shaik Riyaz & Anr. Vs P. Ayyappan & Ors. (Supreme Court of India)
The Supreme Court considered an appeal arising from a motor accident in which a five-year-old child died after being struck by a tanker while walking to school with his father. The Motor Accident Claims Tribunal (MACT) had awarded compensation of ₹7,82,000 with interest. The High Court subsequently reduced the compensation to ₹4,70,000. While examining the appeal, the Supreme Court also addressed the broader issue of the constitutional right of pedestrians to walk safely on public roads.
The Court observed that the right to move freely under Article 19(1)(d) of the Constitution necessarily includes the fundamental right to walk. It held that this right precedes movement by motorised vehicles and includes the right to safe, well-demarcated footpaths. According to the Court, the right to walk is also connected with Articles 19(1)(a), 19(1)(b), 19(1)(c) and Article 21 of the Constitution. It declared that the fundamental right to walk on demarcated footpaths is primary and must receive priority over movement by motorised vehicles.
The Court noted that there is presently no legislation specifically recognising and protecting the right to walk on demarcated footpaths. It observed that the Motor Vehicles Act, 1988 is primarily concerned with regulation of motor vehicles and does not recognise or protect this fundamental right. While the Motor Vehicles (Driving) Regulations, 2017 impose certain duties on drivers towards pedestrians, they do not recognise the right to footpaths or accord it priority over vehicular movement.
