rash and negligent driving Archives

‘Normal life turned into misery’; Gujarat HC enhances compensation for minor victim who became paraplegic in a 25-year-old road accident case

“The pain and agony of a five-year-old child, who became paraplegic, is miserable, at least in the form of money, but sense prevails that it is the only occasion on which the Tribunal or the Court by adopting a pragmatic, realistic, and sensible approach to compensate the minor and/or to endeavour to put him back to the original position.”

Case Briefs High Courts

Bombay HC grants bail to IIM graduate for drunk driving; directs community service holding a ‘Don’t Drink and Drive’ banner

The accused, a 32-year-old MBA graduate from Indian Institute of Management, Lucknow, was incarcerated for almost two months for drunk driving, violating check posts and damaging police barricades.

Case Briefs High Courts

Dangerous public stunt causing death would amount to culpable homicide and not death by negligence; Punjab & Haryana HC rejects anticipatory bail

“If a soft stand is taken towards such stunts, the roads, which are already unsafe, will become more unsafe for pedestrians and two-wheelers, which account for the maximum number of casualties for pedestrians and two-wheelers in road accidents in this region.”

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC upholds SCDRC order dismissing claims of manufacturing defect in Mercedes-Benz car due to non-deployment of air bags

The Commission noted that the appellant’s claim regarding non-deployment of air bags due to manufacturing defect, was not well established through any Expert Opinion.

Case Briefs Supreme Court

Supreme Court sets aside Punjab and Haryana HC’s reduction of sentence in rash and negligent driving case

Supreme Court said that the High Court did not properly consider the instant case of rash and negligent driving, and that the principle aim and object of IPC is to punish offenders.

Case Briefs Supreme Court

Sending accused to jail 26 years after the incident of rash driving, harsh: Supreme Court

Supreme Court: In a case dating back to the year 1995 where a bus driver had caused an accident, thereby injuring a

Case Briefs High Courts

Madras HC | In motor accident claims, can tribunal deduct certain percentage from compensation because rider had a learner’s license? Court answers

Madras High Court: The Division Bench of Pushpa Sathyanaryana and S. Kannammal, JJ., revised the amount of compensation awarded to the claimant

Case Briefs High Courts

Del HC | Accident caused due to non-illuminated and unmanned chained police barricades; Victim entitled to claim damages for negligence

Delhi High Court: Navin Chawla, J., while addressing a petition with regard to an accident caused due to the non-illuminated and unmanned police

Case Briefs High Courts

Raj HC | Court dismisses appeals to revise compensation amount; compensation to be decided by structured formula without requirement of any proof of owner’s negligence

Rajasthan High Court: Sandeep Mehta, J. dismissed an appeal from the Insurance company seeking exoneration of a lower court order. In the

Case Briefs High Courts

Rash and Negligent driving case not proved as complainant fails to identify driver

Delhi High Court: A Single Judge Bench comprising of Mukta Gupta, J. dismissed a criminal leave petition filed against the judgment of the

Case Briefs Supreme Court

Punishment for driving dangerously by using mobile phones while driving, inadequate

Supreme Court: In pursuance of the order dated 26.08.2016 on the issue relating to inadequate punishment under Section 304-A IPC, Mukul Rohatgi,

Case Briefs High Courts

Compromise between parties in case of death by rash and negligent driving is not a ground to quash the offence u/S 304-A IPC

Kerala High Court: Dismissing the criminal miscellaneous case where the petitioner having been charged under Sections 304-A, 279 and 338 of the