This site is under development, some of the functionalities may not work properly.
Anonymous
in Criminal Law
Asked July 03, 2017

Caused accident due to high speed

  • 1 Answer
  • 321 Views

On 15 -6-2017 at 9;45 pm I was riding a two wheeler I met with an accident while riding. I hit a man who was just walking on road, we both got injured. Now, I am discharged from hospital. Now I came to know that opposing party gave a police complaint against me in that they told that day I rode the bike in high speed and hit the man. Like this the complaint was filed now my doubt is what are the punishments and fines will be given to me by the court?

Answer 1

 

 

 

Dear Sir/madam,

This particular act of yours satisfies the offence which comes under Section 279 of the Indian Penal Code referred to as Rash and Negligent driving. In State of H.P v. Man Singh[1] – It was held that driving at a high speed on a crowded road and pressing a person against a wall in order to avert accident was negligence within the meaning of Section 279.

There are certain provisions of the Motor Vehicles Act 1988 which get affected in road accidents namely, Section 3 of Motor Vehicles Act 1988 punsihes when driving without a driving license. Section 132 of Motor Vehicles Act talks about the responsibilities posed over the driver at the time of such accident i.e.  one should not panic and run away from the scene of the accident. Section 336 in The Indian Penal Code talks about Act endangering life or personal safety of others. Section 140 of The Motor Vehicles Act, 1988 poses a Liability to pay compensation in certain cases on the principle of no fault. Section 161 of The Motor Vehicles Act, 1988 is a Special provision as to compensation in case of hit and run motor accident. Section 337 and Section 338 of the Indian Penal Code cover causing hurt and causing grievous hurt.

So, its just a heads-up for the charges that might be framed against you in the F.I.R. The fines and punishments depend upon the nature and gravity of the offence + the charges framed against you. Try to mitigate it, outside the court.

There are also cases where the driver was not held guilty for the negligence of commiting the offence, like in the case of Chintaram v.s State of Madhya Pradesh[2] , the person was walking on the road and the accused was driving by the left of the road trying to keep a distance. When the accused reached close to the deceased she abruptly took a left turn and got struck by the motorcycle. In this case, the accused was not negligent. The erratic decision of the victim did not give any reasonable time to the motorcyclist to avoid her so the driver was acquitted.

 

[1] (1995) 1 CrLJ 299 (HP)

[2] 1986 ACJ 1043 MP

Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.