38.6c New Delhi, India, Wednesday, July 24, 2024

Karnataka HC: Over-Speeding not necessary to Constitute Rash Driving

By LawStreet News Network      20 June, 2018 12:00 AM      0 Comments

In a recent judgment, the Karnataka high court has observed that it is not necessary that the offending vehicle must have always exceeded its speed limit or over speeded to constitute rash and negligent driving.

Justice H B Prabhakara Sastry presiding over the case has dismissed the revision petition filed by the accused namely, Moulasab, a lorry driver from Gadag district in North Karnataka, who was convicted by the trial court under Sections 279 and 304 A of Indian Penal Code and under Section 134 r/w. Section 187 of the Motor Vehicles Act.

The court said that "It is not necessary for offending vehicle must have always exceeded its speed limit or over-speeded,"

Moulasab raised in the appeal that the alleged place of accident was a traffic hit area and there were speed breakers as well as traffic signals, as such the suspected offending vehicle lorry could not run in high speed in that area.

Dismissing the petition the court stated that By the said statements of these witnesses that there were speed breakers and also a traffic signal near the place of accident, by itself cannot be taken that rash or negligent driving in the said area was not possible. By the word rash driving it cannot be automatically imagined that the vehicle alleged to be rash in its driving should also necessarily be coupled with high speed.

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
NEET-UG: SC asks IIT-Delhi to apprise it of correct answer of a question where two options are found as correct

SC asks IIT-Delhi to determine correct answer for NEET-UG question with two correct options, report due by 12 PM Tuesday; court to hear further on re-test plea.

23 July, 2024 09:26 AM
Trending Judiciary
Investor Vishvanidhi Dalmia accused of collusion in NSEL Scam, Maharashtra Govt Affidavit reveals [Read Affidavit]

Investor Vishvanidhi Dalmia accused of colluding with NSEL's prime accused Jignesh Shah, as revealed in Maharashtra Government's affidavit filed in Bombay High Court.

24 July, 2024 09:34 AM


Trending Know The Law
Any reference of IPC, CrPC, Evidence Act to be read as BNS, BNSS & BSA: Union govt [Read Notification]

Union government mandates IPC, CrPC, Evidence Act references be read as BNS, BNSS & BSA in official documents from July 1, 2024.

18 July, 2024 09:04 AM
Trending Judiciary
Calcutta HC restrains Mamata Banerjee from making defamatory statements against West Bengal Governor [Read Order]

Calcutta HC restrains Mamata Banerjee from making defamatory statements against Governor Dr. C.V. Ananda Bose; interim order issued until August 14, 2024.

18 July, 2024 09:17 AM
Trending Judiciary
Right to be forgotten upheld by Himachal Pradesh High Court [Read Order]

The Himachal Pradesh High Court upholds the "right to be forgotten," emphasizing privacy rights in a case involving acquittal and digital record masking.

18 July, 2024 09:45 AM
Trending Judiciary
Two new judges sworn-in as judges of SC; top court gets full strength of 34

Two new judges, N Kotiswar Singh and R Mahadevan, sworn in to the Supreme Court, raising its strength to 34, ensuring full capacity.

18 July, 2024 12:33 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email