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Madras High Court · body

1999 DIGILAW 2680 (MAD)

Thomas, In re. v. .

1999-11-30

RAMASWAMI

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