offending vehicle") coming from
Kundam side, which was being driven rashly and negligently by
respondent No.1, hit deceased's motorcycle. Later ... Appellants were required to
prove that accident has occurred on account of rash and negligent
driving on the part of driver of offending vehicle
that the driver
of an offending vehicle was driving the vehicle rashly.
The issue whether the vehicle was being driven in a
rash and negligent ... would justify holding that he was driving the bus rashly
and negligently. The evidence of the two conductors
indicates that he tried to stop
Code to discharge the accused on the ground that no criminal
rashness or negligence of any of the manner is marked in the
charge sheet ... death of 5 persons, except that no
whisper of words like criminal rashness or negligence is
envision in the matter. He would further submit that
learned
counsel appearing on behalf of the petitioner the fact of rash and negligent
Signature Not Verified
Digitally Signed By:BHASKAR
SINGH RAWAT ... driving the offending Bus bearing
registration NO. DL1P7563 and due to his rash and negligent act the
accused has caused the accident consequently deceased received
Paramjit Singh's brick
kiln and was being driven in a rash and negligent manner by respondent
No.1. The driver did not blow ... into a eucalyptus tree and overturned. The accident
occurred due to the rash and negligent driving of respondent No.1.
3. Upon notice
learned Trial Court concluded that the accused drove rashly and
negligently. The defence argument that “speed alone is not rashness”
was rejected because the accident ... remained credible. It reiterated that “speed alone” may not
establish rashness, but when coupled with the driver’s conduct in
entering the wrong side
impact, the
absence of mechanical defect, and the consistent ocular account
established rash and negligent driving beyond reasonable doubt;
convicted the accused under Sections ... turning from the branch
road when struck from behind. Holding that speed/rashness can be
inferred from the manner of impact and surrounding facts
hours on 11.05.2018, while
he was driving his car in a rash and negligent manner in the Trichy-Chennai
National Highway, about 200 metres ... centre median.
4. Due to the rash speed, the car, after hitting the median, toppled
and crossed the median and fell on a Chevrolet Tavera
said to be an eye witness to the accident. Thus, the rash and negligent driving of the offending truck also can not be said ... contra, learned counsel for the claimant submits that the accident and rash and negligent driving of the driver of the offending truck has been proved
negative observing that the prosecution
has failed to prove the negligence and rashness of Dr.
Dipak Jayantilal Rathod in conducting the operation for
termination ... pregnancy and denied to believe that
because of his rashness, negligence and carelessness, the
injury was sustained by the deceased in the uterus
