Reg. helmet
ss
(Querist) 12 December 2009
This query is : Resolved
In an accident case the deceased died due to head injuries and that too for non wearing of helmet. I would request you to clarify my following querries:-
1. What are the rules made by the Govt. of India which makes mandatory for everybody to wear helmet while driving scooter?
2. If a person dies due to non wearing of helmet and succumbed head injuries in such circumstances who will be held guilty?
3. Is is not mandatory on the part of I.O to mention about recovery or non recovery of helmet from the accident spot since the person concerned died due to head injury?
4. The I.O initially mentioned that he did not found any eyewitness when he first visited the accident site but later on named a person as eyewitness. This fact also mentioned in the FIR. Pl. advise me is it right step taken by the I.O, if not can you refer any judgement on the above subject?
joyce
(Expert) 12 December 2009
Rules of road and ur duty to obey them- when man steps into the road he owes a duty to himself to take care of his own safety.Besides 15 rules in mv act there are other statuory rules to be obyed by the pulic, so Helmat using falls under statuory duty of a person on road; its not mandatory unless local rule is adopted by traffic authorities for time being in force. If person dies, it is his breach of duty in obeying the rules n regulations whether time being or mandatory. It is not mandatory for the IO to specify about the helmatt as such, what ever he see's he records n collects. IO will be correct as his job ends after filing of charge-sheet n answers the querry when cross-examined.
Raj Kumar Makkad
(Expert) 13 December 2009
1. Govt. of India has made it mandatory to wear halmet by two wheeler riders except Sikhs and ladies.
2. It is difficult to believe that deceased expired just because he was not wearing halmet rather he might have been a victim of an accident wherein the accused caused it by his rash and negligent driving. It may be added that had such person wore halmet, he might have not died of injuries sustained in the accident but you cant say that he died because he was not wearing the halmet.
3. This is the defence of the accused and not a link of prosecution story. A policeman is expected to be firm with his case and not of the accused person.
4. Accused can take the benefit of this addition while leading argument.
