Basics Segment -1 : Contributory Negligence

Contributory negligence

1.R vs Walker: A was driving a pair of horses without reins.B was walking on the road and was intoxicated. a called out to him twice to get out of the way but since speed of the horses was high 'B' was run over an killed. It was held that A was guilty of manslaughter because it was his duty to so drive his buggy as to prevent any accident or injury to any person; may be that such other person has also been in some way negligent .

In this case B's into intoxication did not reduced the liability of A

2. Mohammed Bux v state: that if a motor driver cause death by his own omission or negligence the fact that the disease was also negligent and contributed to the accident does not afford a difference to the driver.

(The above cases may or may not resonate with the actual incident, the only intention to share this case is to relate with what we have studied in the law books in our law schools)

Indian Penal code :If a vehicle owner drives a motor vehicle in a manner that can cause injury to another person and endangers human life, then such rash and negligent driving behaviour are considered an offence under section 279 of the Indian penal code

Raghavan Pillai vs State AIR 1954

In this case, the accused was driving a truck along the divider of a straight road at a high speed with an intention to keep its speed similar to that of a train that was running parallel to the road. The truck was loaded with heavy bags and also two persons sitting on the top of the bags.

All of a sudden three bullock carts approached from the opposite direction along the appropriate side of their way. To this, the accused turned his truck towards the right of the road to allow the bullock carts to pass, but unfortunately, it resulted that the truck overturned causing the death of one of the people sitting on the top and grievous hurt to the another.

It was held that the accused was guilty under sections 279, 304A, 337, and 338 IPC

Section 184 of the motor vehicle act primarily deals with “dangerous driving”. According to the Section 184 mv act fine, if you are found driving over the speed limits causing danger or distress to the lives of nearby road users, you will have to pay a fine of not less than ₹1000.

Moreover, the act prescribes a punishment of not less than 6 months if you endanger the lives of other road users. If you repeat the offence within three years of the initial offence, you may be punished for a term extended up to 2 years or a fine that can be extended to ₹2000 or both. Section 184 also takes into account the geographical location of the vehicle, weather conditions and the traffic situation at the time of the offence.

Though the section 184 mv act had been introduced since the act came into force, the blatant violations of the rules made the government bring stricter penalties and punishments. Here are the changes made under the 2019 amendment to the section 184 mv act where you can be fined up to ₹10,000 for the following violations:

Jumping red light signals

Using mobile phones or any other handheld device while driving

Not stopping when asked by the traffic authorities

Overtaking of vehicles in the wrong manner

Driving contrary to the traffic flow

Reckless driving endangering the lives of the driver and others

#law #advocate # judicial #judge