Indian Penal Code, 1860, Section 279 -- Rash and negligent driving - Rashness conveys idea of doing a reckless act without considering any of its consequences whereas negligence connotes want of proper care...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Collusion of two buses - Offending bus dashed on the back of private bus when it was stopped on the road in order to change the tyre which had burst - Private bus parked on the right side of road is cause for accident - Driver of private bus ought to have taken steps to move bus on..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Accident occurred due to rash and negligent driving of driver of offending vehicle - Documents on record clearly established identity of truck involved in accident, identity of driver, name of insurer of offending truck, period of coverage of insurance of truck, details of lodging FIR in concerned police..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Dismissal of claim petition - Mere recovery of broken pieces of number plate from the spot of accident may point only towards the fact that there was involvement of alleged offending vehicle - However, second limb u/s 166 of the Act that accident occurred due to rash and negligent driving of alleged offending..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Fatal accident - Accident not occurred due to rash and negligent driving of accused - There were several potholes found on the road and due to that front wheel of offending vehicle (Maxi cab) was punctured and went on to left side of road and turtled as a result of which deceased being..........
Motor Vehicles Act, 1988, Section 147 -- Accident - 60% permanent disability - Compensation - Liability of insurer - Accident occurred due to rash and negligent driving of tractor - Appellant travelled in the tractor as a passenger in breach of policy condition, as tractor was insured for agriculture purposes and not for carrying goods - Evidence unambiguously pointed out..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Deceased himself was owner-cum driver of offending vehicle - Accident occurred due to rash and negligent driving of deceased - Deceased being owner of offending vehicle was not a third party within meaning of the Act - Since deceased was victim of his own action of rash and negligent driving, he..........
Indian Penal Code, 1860, Section 304A, 279 -- Reduction of sentence - Offence u/ss 304-A, 279 IPC - Admittedly, petitioner was driver of school bus in which deceased travelled from school to his house - On reaching his house, he was dropped there and petitioner started bus and deceased who was crossing road got crushed under the bus - However, incident not taken place on..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 279, 304A -- Concurrent running of sentences - Rash and negligent driving - Accused convicted in two different cases - Concurrent running of sentences awarded to accused in both the cases cannot be allowed...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Death of two persons - Prosecution proved rash and negligent driving of offending bus by accused at the time of accident - Sentence of R.I of 2 years as awarded to accused by Court below calls no interference...........
