Road Accident Being 'Unforeseen' No Ground To Let Off Offender For Rash And Negligent Driving: Delhi High Court

The Delhi High Court has observed that happening of a road accident is an unforeseen incident but it cannot be a ground to let off the offender.

“The happening of an accident is an unforeseen incident but it cannot be a ground to let off the offender. The accident may render the entire family of the deceased in state of destitution,” Justice Sudhir Kumar Jain said.

The court reduced the sentence awarded to a bus driver, convicted for causing death of a rickshaw driver in a road accident by doing rash or negligent act not amounting to culpable homicide, from 11 months to simple imprisonment for 06 months.

It however maintained the remaining sentence awarded to him in 2016, i.e. to pay compensation of Rs. 30,000 to the legal heirs of the deceased.

The man was also sentenced to undergo simple imprisonment for 03 months and to pay fine of Rs. 1,000 for rash driving.

“The petitioner is directed to surrender before the trial court on 20.11.2023 at 2:30 PM to serve the remaining part of the sentence,” the court said.

Justice Jain was dealing with a plea moved by one Mohd. Nasim who was convicted for the offences punishable under sections 279 (rash driving or riding on a public way) and 304A (causing death by negligence) of Indian Penal Code, 1860.

The case against Nasim was that in 2009, the bus he was driving hit a rickshaw in which the passenger and driver fell down on the right side of the road. The bus ran over the rickshaw driver as a result of which he died.

Justice Jain noted that as per Nasim’s nominal roll, he had remained in judicial custody for two months and nine days and that he had already paid the compensation and fine.

“The present FIR pertains to the year 2009 and the petitioner is facing the legal and judicial proceedings arising of the said FIR since then. The petitioner is stated to be a first time offender and his antecedents are clear. The petitioner belongs to lower strata of the society. The petitioner is stated to be the sole bread earner of his family which also comprises of his old-aged parents. The legal heirs of the deceased have already received suitable compensation. The petitioner has undertaken to reform himself,” the court said.

While disposing of the plea, the court said that the untimely death of the deceased rickshaw driver must have caused irreparable loss to his family and that a precious human life was lost due to negligent act of Nasim.

“The petitioner was driving a commercial vehicle and was supposed to appropriate take care towards other vehicles plying on road particularly light vehicles,” the court said.

Counsel for Petitioner: Mr. Sanjay Manchanda, Mr. Rahul Miglani and Ms. Devika Samant, Advocates

Counsel for Respondent: Mr. Yudhvir Singh Chauhan, APP for State

Title: MOHD NASIM v. THE STATE

Citation: 2023 LiveLaw (Del) 1059

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