Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - Vehicle driven at a high speed - Does not mean that it was driven in a rash and negligent manner - Site plan and mechanical inspection report not proved - Accused acquitted...........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Claim for compensation - Filed by parents of deceased under S.166 and not under S.163A - Onus to prove act of rash and negligent driving by driver of vehicle was on claimants - Failure to discharge, by adducing cogent evidence - Rejection of claim filed by claimants under S.166 - Was proper...........
Indian Penal Code, 1860, Section 304A,279,109 -- Rash and negligent driving - Driving of vehicle without valid driving licence - Prosecution of driver u/ss 304-A, 279 and prosecution of owner u/s 109 IPC - Owner of the offending vehicle cannot be prosecuted u/s 109 IPC when no overt act or specific part is attributed to him - FIR and subsequent proceedings against owner..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Rash & negligent driving - Whether petitioner who has been acquitted by Court in criminal case registered u/s.279, 304-A IPC etc. be held liable to share proportional liability towards compensation paid by State to family members of victim of road accident? - Held, yes - Parameters to be applied to prove a criminal charge..........
Indian Penal Code, 1860, Section 304A,279 -- Rash and negligent driving - To constitute offence punishable u/s 279 IPC, there must be rash and negligent driving or riding on public way and act must be so as to endanger human life or be likely to cause hurt or injury to any person - Whereas for offence u/s 304A, act of accused must be rash and negligent, which should be..........
Indian Penal Code, 1860, Section 304A,279 -- Rash and negligent driving - Deceased jumped after bus started or bus started while deceased was getting down - As per site plan, testimony of PW2 and DW1, incident did not happen at bus stop and took place after bus had travelled some distance - Prosecution failed to prove that petitioner was aware that deceased was getting..........
Indian Penal Code, 1860, Section 304(Part II), 304A, 337, 338 -- Rash and negligent act - Death - Accused alleged to have driven his car in a rash and negligent manner and caused death of 7 persons and injured 8 others - At time of incident, accused found to have consumed alcohol - Conviction by High Court for offences punishable u/ss 304(Part II), 338 & 337 - Proprietary..........
Indian Penal Code, 1860, Section 304A, Probation of Offenders Act, 1958, Section 4 -- Death in road accident by rash and negligent driving - Benevolent provision of S.4 of the Probation of Offenders Act is not applicable...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Sentence cannot be reduced on ground of protracted trial - Merely because fine amount is enhanced sentence cannot be reduced drastically...........
Indian Penal Code, 1860, Section 279, 337, 304A, Criminal Procedure Code, 1973, Section 313, Motor Vehicles Act, 1988, Section 133 -- Rash and negligent driving - Identification of accused - Prosecution story that a truck came in a very rash and negligent manner - Hit against a scooter - Caused simple injuries to driver of scooter - Resulted in death of pillion riders -..........
