Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused cannot be held to be negligent merely because he did not possess a driving licence...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Statements of PWs have attributed the accident to high speed - No person has mentioned approximate speed of motorcycle - None of PWs had witnessed accident - There is no other evidence to prove rashness and negligence of accused - Guilt of accused not proved - Acquittal upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of insurance company - Proceedings under Motor Vehicles Act - Accident had taken place on account of rash and negligent driving of offending truck - It was not open for insurance company of offending vehicle to get insurance company of other truck impleaded against whom no claim had been made - Moreover,..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Allegation that accident occurred due to rash and negligent act on the part of driver of offending bus - However, material witnesses have not deposed as to rash and negligent act on the part of driver of bus - They have also not deposed as to how accident occurred - They simply stated that..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Neither prosecution has brought forth any evidence that petitioner was driving the vehicle nor any material has been taken on record regarding same - Even, there is no whisper in this regard in evidence of witnesses - No further evidence is brought on record to substantiate charge or to bring home..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Deceased was riding his motorcycle on his left side of road when Alto Car hit him - Site plan also corroborates testimony of eye witness/PW4, complainant - Accident in question thus, took place due to rash and negligent driving of driver of Alto car and there was no contributory negligence on..........
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..........
