Legal Question in Criminal Law in India

Re: Accident case

Sir,

It is the prima facie duty of the car driver to take all precautions and to follow all statutory provision of the traffic control, and any laps in following such provision convicts the driver for the negligence in driving u/s 279 of Indian Penal Code.

In the light of the facts of the case :

(a) While taking a turn it is a matter of precaution, in the public and busy roads, for the driver to cut shot the speed and to be cautious at the turning point.

(b) Secondly when he saw or was able to see crew of people gathered at a site, he was under the obligation to apply brakes on his speed and this would really would have prevented the damage.

(c) Regarding the oil on the floor, cautiously and properly driving as aforesaid would have really prevented such a mishap.

(d) Victims crossing the road with signal on, taking the pragmatic approach, they may not be blamed, cause at that juncture safety and first aid of the victims was necessity rather than traffic signals.

(e) As regards to FIR : This will play a cardinal role in the Trial so as to fix the liability of the car driver.

(f) Victims as regards to their negligence while crossing the road, may not be held liabile.

Kindly take the above steps in the consideration and wish u all the best in preparing ur assignment. May feel free to contact any time for gracious guidelines for the same

Re: Accident case

The car is not supposed to come at high speed in a corner. When visibility is not there how can a car be driven at high speed. Therefore it is rash and negligent driving on the part of the driver. Even though there was a signal on doesn't mean that the driver can drive a car at speed around a turn.

As far as exact location of the accident it is important to get the sketch so that the available evidence can be appreciated. In any FIR the location must be mentioned and not doing so the FIR can be discredited.Finally you cannot claim it as negligence on the part of the victims as it is a natural thing for any person who has met with an accident to get into safe place. While reaching to a safe place since the accident occurred the no fault theory will apply.