Leaving Left Side Against The Traffic Rules And Hitting Deceased Would Constitute Rash And Negligent Driving: Allahabad High Court
The Allahabad High Court held that there was ample space available on the correct side of the road for the Bus to operate safely but the accused deviated from the left side, driving against traffic rules, and struck the deceased. The Court concluded that the revisionist’s actions were rash and negligent. The case involved an incident where a Tempo stopped to pick up a fallen towel. While a passenger was retrieving the towel, he was hit and killed by a Bus. The prosecution, led by witnesses and documentary evidence, argued that driver was driving negligently, leading to the fatal accident.
A Bench of Justice Umesh Chandra Sharma held that “this Court is also of the opinion that the accused was rash and negligent while driving the Bus at the time of accident, therefore, the revisionist has rightly been convicted and sentenced by the trial Court and the appellate Court has rightly dismissed his appeal.”
Advocate Ashok Kumar Singh, Amicus Curiae appeared for the revisionist, and Advocate Bhupendra Pal Singh appeared for the State.
The defense argued that the victim collided with the Bus from the front after picking up the towel, implying contributory negligence on the victim's part. The defense contested the prosecution's claim of negligent driving, emphasizing the Bus driver's attempt to stop the vehicle after the accident as evidence of responsible driving.
The Court noted that there were inconsistencies in the statements of witnesses regarding the direction in which the vehicles were moving. However, based on the site plan and witness testimonies, it was established that the Bus was traveling from west to east, and the Tempo was moving from east to west, parked on the northern side of the road.
The Court further noted that witnesses confirmed that the Bus was rashly and negligently driven, hitting the victim who was on the southern pavement, several steps away from the Tempo.
The Court observed that the site plan and oral evidence supported the prosecution's version, proving that the Bus driver was on the wrong side of the road when the accident occurred. The victim's location and injuries further indicated the negligence of the Bus driver. The Court said, “A sufficient space was also available on the proper side of the road for plying the Bus but the accused left the left side, reached the right side against the traffic rules and hit the deceased.”
Citing relevant judicial precedents, the Court emphasized that the accused's act of driving on the wrong side and hitting the victim was reckless and negligent. The Court also highlighted the need for stricter punishments for rash and negligent driving, in line with Supreme Court judgments urging legal amendments to Section 304-A of the Indian Penal Code (IPC).
“In this case the trial has awarded two years rigorous imprisonment and Rs. 2,000/- fine with default stipulation which is not too much or harsh in view of the fact of the case and the opinion of the Apex Court”, the Court added.
The revision petition was dismissed, and the convict driver was ordered to serve the remaining period of his sentence.
Cause Title: Data Ram v. State Of U.P., [2023:AHC:196688]
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