Indian Penal Code, 1860, Section 279, 337, 338 -- Rash and negligent driving - Reduction of sentence - Petitioner is suffering agony of trial for last more than 20 years - He has undergone a period of 1 month and 13 days out of total sentence of six months - He is not involved in any other case - Since there is no minimum punishment prescribed u/ss 279, 337, 338 IPC,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Contributory negligence - Collusion between lorry and car - Death of driver of car - Car was dragged to a distance of 20 feet after collision, clearly indicating rash and negligent driving on the part of lorry driver - Contributory negligence on the drivers will be equal, since there is fault on the part of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Dismissal of claim petition by holding that no eye witness was examined to prove rash and negligent driving - Eye witness will not be available in all cases - When FIR is lodged and charge sheet is filed there could not be a finding that negligence was not established - Order of Tribunal allowing claiming petition..........
Indian Penal Code, 1860, Section 304A, 337 -- Rash and negligent driving - Eye witnesses have specifically stated that accused was driving bus in a very rash and negligent manner and at a high speed - Driver ought to have driven the bus on public way in a cautious manner, so that he could apply the brakes in time - Thus, apparently, driver of bus was not driving the bus..........
Indian Penal Code, 1860, Section 304A, 337 -- Rash and negligent driving - Reduction of sentence - Occurrence pertains to the year 2000 and as many as more than 24-1/2 years have passed ever since then - Accused does not have any criminal antecedents and is a first time offender - Therefore, subject to payment of fine as imposed and payment of Rs.1 Lac as compensation to..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Accused being the driver of offending vehicle stands established not only by oral evidence but also on the documentary evidence on record, especially indemnity bond executed by owner of vehicle - Further, accident is not in dispute though accused has tried to deny the same at the time of recording..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Injured was shifted by petitioner in his own vehicle for medical care - Imprisonment period reduced from one year to six months...........
Indian Penal Code, 1860, Section 279, 304A, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Benefit of probation - Incident occurred without any malicious intent on the part of appellant - Appellant is extended benefit of probation - Sentence of S.I. of six months set aside - Since, there are ten surviving legal heirs of deceased and mostly are..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Collusion between truck and bike - Death of driver of bike - Eyewitness/PW3 was accompanying the deceased in another bike - He stated that both the bikes being driven in normal speed when offending truck came from the wrong side and hit the bike of deceased - Truck was driven in a rash and negligent manner - After the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Driver of offending vehicle did not have a licence as required under the Act and the Rules to drive a vehicle carrying dangerous and hazardous goods - Eye witness clearly deposed that accident was caused by reason of rash and negligent driving of vehicle which the driver was not entitled to drive for reason..........
