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Madras High Court · body

1999 DIGILAW 2438 (MAD)

Untitled judgment

1999-11-30

RAMASWAMI GOUNDER

body1999
Order This is an interesting case, in which a passenger travelling in a buswas injured by the breaking of a glass panel in a window in the bus when theconductor’s writing pad came into hard contact with it. Immediately first aidhad been administered to the passenger, and in fact the injured man never wantedto make any fuss over it. But this has been construed as an accident which hasgot to be reported to the Police under section 89(b)of the Motor Vehicles Actand the admitted failure of which entailed a punishment with fine of Rs.10 andsuspension of the driving licence for a month. There can be no doubt that this conviction and sentence cannot stand, becauseas was laid down in Nagaraja Moopanar, In re1, Rule 27(c) ofthe Motor Vehicles Rules (Madras) applied only to accidents happening to the carwhich one is driving and which results in some injury, annoyance or danger tothe public or of danger or injury to public property or obstruction totraffic. The present is not one such case and therefore, need not have beenreported to the Police at all. The conviction and sentence are set aside and the accused is acquitted. Thefine amount, if collected, will be refunded. The suspension of licence isrevoked. R.M. ----- Conviction set aside.