Karnataka HC upholds KSRTC driver’s conviction in fatal crash

Observing that “a nonrecreational operator is duty-bound to workout heightened caution and is expected to expect unexpected events wrong autobus presumption premises,” the High Court of Karnataka upheld the condemnation of a KSRTC operator who fatally knocked down a 75-year-old pedestrian wrong the Chickballapura autobus presumption successful 2019.

Justice V. Srishananda made these observations portion upholding the condemnation of Nagaraj G.H., a nonmigratory of Tumakuru, for causing decease by negligence nether Section 304-A and rash driving nether Section 279 of the Indian Penal Code, and the one-year condemnation imposed by the proceedings court.

The petitioner, who was driving a bus, deed Chitrashekharappa adjacent level 14 portion the victim, on with his wife, was searching for a bus; helium aboriginal succumbed to his injuries.

The tribunal expressed disapproval of the driver’s defence strategy as, alternatively of explaining the circumstances, helium had denied the occurrence of the mishap wholly during his connection recorded nether Section 313 of the Code of Criminal Procedure.

“Since the autobus was moving wrong the autobus station, if the accused had driven the autobus astatine the required velocity and with diligence, helium could person applied the brake to debar dashing against Chitrashekharappa. Such an mentation is not forthcoming successful the accused's statement. Pertinently, successful the spot mahazar, determination is nary brake marks noticed,” the tribunal pointed.

Delving into the modular of attraction expected, the tribunal remarked that the accused was required to workout “extra diligence” precisely due to the fact that helium was driving wrong the precincts of a autobus station.

Rejecting the plea that the condemnation would outgo the petitioner his occupation and interaction his family, the tribunal held that specified hardship cannot beryllium treated arsenic a mitigating condition to acceptable speech the imprisonment, portion directing him to surrender by May 31 to service the remaining sentence.