Acquitting a 61-year-old man in a case of rashly driving his car leading to fracture injuries to a biker, a Mazgaon magistrate court has reasoned that the road was dug up at the site of the accident and it does not reflect that it was the fault of the accused by which incident took place.
The court perused the spot panchnama which indicates the situation at the spot of the offence. It said the police papers contain a sketch and noted that the road was being dug just near the spot of the incident. “It means the condition of the road at the relevant time was not good. In such circumstances, all vehicles should take utmost care and caution while taking a turn and driving..” the order said.
The mishap had taken place at P. D’Mello road in South Mumbai when the motorcycle being ridden by Ishmeet Singh took a turn. In his complaint, Singh stated that the accused’s car was coming from the opposite direction and hit him. The accused Ravindra Kadam, a Dombivli resident, took Singh to Breach Candy hospital by his car. Singh said in his deposition before the magistrate that he suffered a broken leg and ankle and had to undergo four surgeries. He lodged a complaint against Kadam under IPC Sections 279 (rash driving) and 338 (rash or negligent act causing grievous hurt).
Metropolitan Magistrate MV Chavhan said in the judgment that in such type of cases, it is not sufficient to prove that the accident took place by the vehicle of the accused. It should categorically come on record how and in what manner the accused was riding his vehicle, it said. Magistrate Chavhan emphasized that while considering this aspect, the condition of the road and the traffic condition at the relevant time also plays an important role.
It said further that though it is seen that the accident has taken place and the in the accident, the injured has sustained a fracture injury, it may not be sufficient to conclude that it has happened due to rash and negligent driving of the accused.