there is no endorsement for driving the vehicle carrying
hazardous goods as required under section 14 (2) of the Motor Vehicles Act and
rule ... driving licence specified for a particular type of vehicle carrying hazardous
goods. It was contended by ld. counsel for respondent no.3 that tanker
have a license which authorized him to drive a vehicle with
hazards goods. Respondent no. 3 examined Sh. Hakumat Rai its Deputy
Manager as R3W1 ... goods vehicle). He deposed that there was no endorsement for carrying
heavy / hazardous goods. R3W2 who was the Junior Clerk, Regional Transport
Office, Mumbai Central
sufficient considering all
the circumstances of the case. Criminal rashness means
hazarding a dangerous or wanton act with the knowledge that it
is dangerous ... would probably be caused.
As noted above, "Rashness" consists in hazarding a
dangerous or wanton act with the knowledge that
Popat Dubey 7 of 13
concerning Popat Dubey who was carrying hazardous goods i.e. Carbon
dioxide at the time of the accident ... this licence was not
valid for driving heavy goods vehicle for carrying hazardous goods. Shashi
Pillai R3W1 clerk in the office of RTO Pune already
further stated that the
policy related to hazardous goods with vehicle weight as 25000 kg with ten tyres
whereas as per their investigator report ... possession of valid driving license for driving vehicle containing hazardous goods.
The insurance company also examined R3W2 Sh. Iqbal from AAR GEE ASSOCIATES,
(Investigator
Kerela AIR 2007 Supreme Court 2376
"....Rashness" consists in hazarding a dangerous or wanton act with
the knowledge that ... rashness has been of such a degree as to amount to taking
hazard knowing that the hazard was of such a degree that injury
Kerela AIR 2007 Supreme Court 2376
"....Rashness" consists in hazarding a dangerous or wanton act with
the knowledge that ... rashness has been of such a degree as to amount to taking
hazard knowing that the hazard was of such a degree that injury
tower and equipment does not cause any
radiation, which could be termed hazardous. He further argued that Ld.
SDM in his order has stated that ... persons residing in the locality and also
of noise pollution and health hazards. Ld. SDM, however, while passing
his order did not take into consideration
chemicals, or (g) any other substances (whether
biological or otherwise) of a hazardous nature in such a
manner as to cause or as is likely ... other
substances (whether biological radioactive, nuclear
or otherwise) of a hazardous nature or by any other
means of whatever nature to cause or likely
question is a gas/oil tanker. Therefore, no endorsement of
dangerous/hazardous on the said D/L of the driver and the said ... some qualification is required for drivers of goods carriages carrying
dangerous or hazardous goods. In this section it is further written that the
licencing authority