In a significant ruling, the Gujarat High Court has stated that merely driving at high speed cannot be considered reckless driving. This decision came after the state government’s appeal against an auto-rickshaw driver who was accused of reckless driving following an accident that resulted in two deaths. The court upheld the lower court’s decision, which found the driver not guilty of negligence. The accident occurred when the rickshaw collided with a tractor-trolley parked on the road without lights or warnings. The court observed that the evidence did not support the claim of reckless driving. The judge emphasized that to prove negligence under Indian law, it must be demonstrated with legal evidence that the driver acted carelessly.
The case involved the auto-rickshaw driver taking seven workers home at night when the vehicle hit an unlit, parked tractor-trolley on a narrow highway. The impact caused the rickshaw to overturn, injuring the passengers and leading to the unfortunate deaths of two. Based on one injured passenger’s statement, a First Information Report (FIR) was filed against the driver.
The driver faced charges under various sections of the Indian Penal Code and Motor Vehicle Act. The sessions court found the driver not guilty, stating that the accident was the result of the tractor-trolley being parked carelessly. Dissatisfied with this ruling, the state government filed an appeal in the High Court.
The High Court noted that the state failed to establish that the driver was driving recklessly. Key eyewitnesses, including four passengers in the rickshaw, did not testify that the driver was negligent. The court’s decision highlights the importance of evidence in proving claims of reckless driving.
This ruling could have wider implications for similar cases in the future, as it sets a precedent regarding the definition of reckless driving in relation to speeding. It stresses the need for clear evidence to establish negligence in road accidents. As road safety remains a concern, this ruling may influence how cases of traffic accidents are approached by law enforcement and the courts.
Meanwhile, in Surat, the local police have initiated measures to address accidents caused by speeding. After making helmets mandatory for two-wheeler riders, they are now focusing on controlling over-speeding incidents using speed guns. The police are training officers on operating these devices to enforce speed limits effectively. Various speed limits have been set for different types of vehicles, with penalties for those exceeding these limits. The police aim to reduce road accidents caused by speeding through these new measures, which include sending electronic fines to offenders directly via mobile notifications.
The authorities are hopeful that these tools will help manage speeding on the busy roads of Surat and enhance overall road safety. With the recent High Court ruling and the new initiatives in Surat, it is clear that road safety remains a paramount concern for the authorities in Gujarat.
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