GROUNDS TO REBUT THE CHARGES UNDER SEC 304A

ballly jaiswal (Querist) 30 January 2010 This query is : Resolved
ONE person was driving his car on a speed of 80 to 90 kmph on the highway..his car collided with a pedestrain who came surprisingly in front of the car which was on the above mentioned speed. there was no legal crossing or intersection on the road..even the place of such accident was not crowed means to say car met with accident on the lonely place....the car driver called the police and also ambulance but the pedestrain sccumbed to his injuries before ambulance arrived.. the police came on the spot and registered the case against the car driver under section 304A as death by negligence and also under section 279 of IPC.. my question is that such person who is driving is liable under charges imposed upon him... as on the highway there is no legal crossing or intersection....also inspite of the fact that accused himself called the polie and ambulance without refering to the option of escaping as the place of accident was lonely...though such accident was caused by the nature...can the accused escape the liability under these section if there is possibility..then plz suggest some grounds and also supported jugdments...

Follow Query

Report Abuse

B K Raghavendra Rao (Expert) 30 January 2010

No, the driver cannot escape. The driver by his negligence has caused the death of an innocent citizen. It is impossible to regulate traffic throughout the highways by marking pedestrian crossings etc. The driver should have taken caution to stop the vehicle when the pedestrian crossed the road.

Under the provisions of the Motor Vehicles Act, the driver is duty bound to facilitate immediate medical care and report to the nearest police station. He should surrender himself and the vehicle he was driving before the police. The driver has not done anything extraordinary unexpected of him.

Acquittal or conviction depends upon the facts of the case in detail, eye witnesses, their deposition and cross-examination and any other defence the driver has etc.

Arvind Singh Chauhan (Expert) 30 January 2010
I agree with Rao Sir.

Adinath@Avinash Patil (Expert) 30 January 2010
B.K.RAO IS RIGHT.

Guest (Expert) 30 January 2010
For more information and help visit www.airyourlegalqueries.com

ballly jaiswal (Querist) 30 January 2010
the person who crosses the road could not be seen by the driver as the road is double lane and it is seperated by divider upon which plants are implanted..which act as hindrance in seeing the person behind it...the noticeable point is that person who met the accident came in front of car as drops of rain from which not one can prevent himself from wetting...can this point help the accused...

B K Raghavendra Rao (Expert) 30 January 2010

If the double lane road is separated by plants acting as hindrance the driver should all the more be careful. Negligence may be little but yet it is negligence and even it may be contributory negligence. Your defence is very weak.

ballly jaiswal (Querist) 31 January 2010
are there any cases in which a person is relieved from the liability under section 304A plz...tell me the cases...and what defences a person can plead if there is any plz suggest me....

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries