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Mohammed Aynuddin @ Miyam vs State Of Andhra Pradesh on 28 July, 2000

19. The learned counsel for the appellant cited before us a ruling of Hon'ble Apex Court in 'Mohammad Aynuddin Miyan v. State of Andhra Pradesh' reported in 2000(3) T.A.C. 588 (SC). We have carefully gone through this ruling . It was not a case for compensation under the Motor Vehicles Act. In this case the driver was charged under Section 304A I.P.C. for the death of a passenger who had fallen from a moving bus and had died. The trial court held him guilty and punished him and his sentence was confirmed by the Sessions Court and the High Court. Hon'ble Apex Court pointed out that no witness including conductor had stated that the driver moved the vehicle before getting signal to move it. Under these circumstances, criminal negligence could not be fastened upon the driver and he was acquitted.
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