Road Accident | Letting Off Negligent Ambulance Driver With Only Fine Would Be Unjust To Victims And Whole Society: Karnataka High Court
8 months ago

Road Accident | Letting Off Negligent Ambulance Driver With Only Fine Would Be Unjust To Victims And Whole Society: Karnataka High Court

Live Law  

The Karnataka High Court has refused to reduce sentence of six month simple imprisonment imposed on an ambulance driver convicted for driving in a rash and negligent manner and causing an accident leading to death of one person and injuring three others in the year 2011. A single judge bench of Justice Umesh M Adiga dismissed the revision petition filed by S. Santhosh Poojari and said, “Prosecution has proved beyond reasonable doubt that due to the negligent driving of the ambulance by the petitioner an accident had taken place resulting in death of the driver of the car and grievous injuries to all the three occupants of the car. It observed, “The revision petitioner due to his negligent driving caused the death of one of the occupants of the car and also caused grievous injury to other three occupants of the car. Considering the facts and circumstances of the present case, it is not fit case to give the benefit of Probation of Offenders Act and imposition of nominal fine amount to the accused/revision petitioner.” As per the prosecution case, the accused being the driver of ambulance vehicle drove the said vehicle in a rash and negligent manner and dashed against an Alto car.

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History of this topic

Motor Accidents | 'No Negligence' Finding In Final Report Has No Bearing On Claim Petition As Standard Of Proof Is Different: Supreme Court
1 year, 5 months ago

Motor Accidents | 'No Negligence' Finding In Final Report Has No Bearing On Claim Petition As Standard Of Proof Is Different: Supreme Court

Live Law  

The Supreme Court recently held that while considering a petition for compensation for death or injury in a road accident the standard of proof compensation for death or injury in a road accident the standard of proof to be applied by the Motor Accident Claims Tribunal is the preponderance of probabilities and the standard of proof of beyond reasonable doubt …

Circumvented Round-About To Take Immediate Turn: Karnataka High Court Reduces Compensation Citing Contributory Negligence Of Deceased
1 year, 8 months ago

Circumvented Round-About To Take Immediate Turn: Karnataka High Court Reduces Compensation Citing Contributory Negligence Of Deceased

Live Law  

The Karnataka High Court has said that the onus is on the claimants to prove that there was rash and negligent driving only by the alleged offending vehicle driver causing the accident. To which the bench said “The evidence of the alleged eye witness when read with the spot sketch at would go to show that, the deceased has not …

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