cases it has to be seen whether the impugned act was rash
or negligent. By carrying out a separate treatment for doctors
by introducing degree ... rashness or negligence, violence would
be done to the plain and unambiguous language of section
304A . If by adducing evidence it is proved that there
driving a vehicle bearing registration number HR 29C 9552 in a rash and negligent manner and while so driving hit against a motorcycle bearing registration ... which conclusively indicates that the petitioner was driving the vehicle in a rash or negligent manner. He submitted that the only allegation is that
Tikaram, who died in a
road accident on 19.07.1992 on account of rash and negligent driving of
the motor vehicle tractor bearing registration ... going in the tractor-trolley, fell down from it on account of rash and
negligent driving of the offending vehicle by the first respondent
while driving the car (corolla) bearing
Registration No. MH-01-R-580 rashly and negligently
with knowledge that people were asleep on footpath
rammed ... have driven the car bearing No.
MH-01-R-580 rashly and negligently with
knowledge that people are sleeping on footpath
and likely to cause
caution. They contended that the accident did not
occur on account of rash and negligent driving on the part
of the driver. They also denied ... proved
that the driver of the lorry was driving the vehicle in rash
and negligent manner and whether the opposite party had
proved that
basis of basic wages.
Torts--Negligence--Res ipsa loquitur--Rash and negligent
driving--Meaning of--Rationalae--course of employment--Scope
of employment--If driver gives ... Claims Tribunal. The
respondents denied that the vehicle was driven in a rash or
negligent manner and contended tbat the vehicle at the time
accident itself, was sufficient to hold
that the accident was due to rash and negligent driving by
the accused.
The High Court affirmed the view ... could be invoked in the
circumstances of the case to presume rashness and negligence
on the appellant's part.
Allowing the appeal,
^
HELD
owner.
It was alleged that the accident occurred solely due to rash and
negligent driving of the bus driver, P.C. Kurian and the vehicle ... name of
Kunjujamma Mohan but denied the allegation of rash and negligent
driving on the part of the bus driver, P.C. Kurian in causing
April, 1998. While in Calcutta, Anuradha
developed fever along with skin rash on 25th April, 1998. On 26th April, Dr.
Sukumar Mukherjee, Respondent ... However, two
weeks thereafter, i.e., on 7th May, 1998, the skin rash reappeared more
aggressively. Dr. Mukherjee was again contacted
stopped them and
started checking. In the meantime, BMW car driven rashly and
negligently came from Nizamuddin side at a high speed and dashed
violently ... Court has also held that though the act of accused
amounted to rashness and negligence endangering the lives of
others, since there was no intention
