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lawyersclub   04 February 2016

Rash & negligent driving: how to establish under 279

I was driving on a service road in a new area besides a national highway and there were no signboards informing that it was one way or two way. Locally people think its a one way but there is no indication. In such a case, can it be proved i was negligent under section 279. Service roads are mostly two ways - they are used for local traffic for access, so how is person supposed to know if a particular service road is one way without signboards and on driving wrong side on such a road, will courts find it as ground for negligent driving?



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 6 Replies

Arvind Singh Chauhan (advocate)     04 February 2016

If in evidence, this fact comes that there was no sign board or mark. You can avoid 279,if allegation is based only on breach of indtructions.

1 Like

Anita (house wife)     04 February 2016

Mandatory traffic signs are required and prominently displayed for people to notice and comply with. Absence of such traffic signage is a serious lapse on the part of authorities. You are NOT liable for any traffic violation inbthe instant case.
1 Like

Anita (house wife)     04 February 2016

Mandatory traffic signs are required and prominently displayed for people to notice and comply with. Absence of such traffic signage is a serious lapse on the part of authorities. You are NOT liable for any traffic violation inbthe instant case.

lawyersclub   04 February 2016

Originally posted by : Arvind Singh Chauhan
If in evidence, this fact comes that there was no sign board or mark. You can avoid 279,if allegation is based only on breach of indtructions.

Allegation is not breach of instructions, it is being claimed by a pedestrian who jumped onto the road from a footpath without checking on road and got brushed by my four wheeler (rear view mirror side) from side to the effect of a leg fracture and is now pressing charges in an FIR. He stepped on road without looking at incoming traffic on a very busy road during peak hours. section 279 is being invoked but i clearly know the pedestrian was negligent not me.Speed was low 30s but I cant prove that, except that if it was high he would have been hurt more than a fracture. People who gathered around said this was one way, when service roads are usually two way and there were no signs sugesting that this was a one way.

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     05 February 2016

Dear Sir

I have gone through query.

you can take the defence that there was no sign board indicating road as one way. But if prosecution produces a notification with regard to a one-way road, your plea shall not sustain.

Prashant Shah   08 February 2016

IPC u/s 279/337/304(a)

Dear Sir,

My Suzuki Access hit one Lady on 01 DEC 2014 around 03.0 PM which causes Serious injury in his Head.

Although I taken him to Nearby Mulund Government hospital.

However Doctor on Duty give first aid treatment and say referred for further medical treatment go to Sion Hospital.

She was immediately removed to Mulund Government Hospital to Sion Government Hospital

But She Died in the Hospital on 02 Dec 2014 around 01.15 PM

 

FIR U/S 279/337/304(a) in Mulud Police Station ,

saying that I hit bike him intentionally with excessive speed, rush and negligent manner and gave forceful dashed ti the deceased and she sustained seriously injured on her head and other part of the body

 

Please let me know how I should proceed.

Thanks

 

Prashant Shah

Age-27

Mumbai

 


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