Hi folks !
The question I am raising is hypothetical, but, of serious implications for the visually challenged in our land of chaotic traffic and scant regard for pedestrians. If a visually challenged person meets with an accident with a motor vehicle while on a road and gets injured, can his claim for compensation in the Motor Vehicles Claims Tribunal be challenged on the grounds that he was not carrying a white cane at the time of the accident (even if that indeed was the case) ? I know a lot of my friends, who may not be totally blind, who do not use the white cane or rely on a sighted guide while traversing on the narrow and congested roads of Kerala and am curious to know the legal implications of such acts of bravado. As per my understanding, the white cane is a universally recognized and accepted symbol of visual disability and the Indian Motor Vehicles Act even accords it the status of a traffic signal, with the onus on drivers of motor vehicles to give right of way to a person brandishing it. But, can it be argued that not possessing it at the time of an accident absolves the erring driver of any responsibility for the accident and hence any claim for compensation from the blind person is not tenable ? Looking forward to legal clarifications and personal experiences of such situations... Thanks and rgds R Kochi, KeralaS +98 472 76 126 To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
