[tracerspiff]

Adding to the Lawyers points, I thought Ill share a conversation I had with two policemen.

I was driving alone on the Salem to Bangalore highway and two policemen requested a lift till Hosur. They were going back from court duties and it was super interesting to talk to them on various topics. One topic was highway safety. One idiot on a motorbike darted out of nowhere and I had to swerve to avoid him.

I asked the policemen what I should do in case I end up hitting someone on the road like that idiot on the two-wheeler. Their reply was simple. You help as much as possible whoever is hurt and turn yourself in at the nearest police station. Even if it was the two-wheelers fault, a case will be registered on the car so the other party will get compensation through the insurance. You pay the bail amount at the station and appear in court, pay the fine, and take your vehicle back. I asked if this process is the same even if the other guy died? They laughed and said, "You did not plan to kill him right?"

It sounds unfair but this is how things are done. Their reasoning was that the car guys would have insurance and the poor folks have to get something for their loss.

[tiagoatrix]

Originally Posted by poloman

Perfect example how guard rails can save lives
https://Youtu.be/Urrqc5I4zxA?si=03XNgm6MiLJaOd4r

I guess we can start a separate "Kerala accidents" thread.

On a serious note, I would like some inputs from people of Kerala in this group.
Narrow roads, rash driving or is it much more?

[chandrda]

What I feel about how the law should be applied. Its just my opinion and not a debate -

Here are few scenarios -

1. A speeding car hits another vehicle killing a person - Manslaughter/Culpable homicide not amounting to murder. Compensation to be paid out of Speeding driver insurance
2. A person loses control of the car (not over speeding) and hits another vehicle killing a person - Accident. Compensation to be paid out of car driver insurance
3. A person loses control of the car (not over speeding) and hits a petty shop on the shoulder/offset area/verge of the road killing a person - Accident. Compensation to be paid by municipal corporation. Driver not at fault
4. Person driving on the wrong way leading to a collision and death - Murder
5. Stopping (non emergency) on the shoulder/offset area/verge of the road killing leading to a collision and death - Murder

There should be some fear in the mind, currently there is absolutely no fear of law or empathy/sympathy towards another being. The punishment is too lenient in most cases and delayed.

[deathwalkr]

Originally Posted by tiagoatrix

I guess we can start a separate "Kerala accidents" thread.

On a serious note, I would like some inputs from people of Kerala in this group.
Narrow roads, rash driving or is it much more?

You will find a lot of points in this thread about your query

https://www.team-bhp.com/forum/stree...-india-15.html (Which State has the worst Highways in India?)

But yes, narrow highways, high vehicle density, no gaps between towns so it's like one driving through one big city most of the time.

[rajivr1612]

Originally Posted by tiagoatrix

I guess we can start a separate "Kerala accidents" thread.

On a serious note, I would like some inputs from people of Kerala in this group.
Narrow roads, rash driving or is it much more?

I am a Keralite who visits Kerala occasionally. So what I write here is based on my limited driving experience there.

Kerala generally has smooth, tarred, we'll marked and twisty roads. It's a pleasure to drive on such roads. It requires immense self-control not to drive at limits. I am a sedate driver, honk at curves, and I thoroughly enjoy driving there.
I take care to stay clear of buses, both KeSRTC and private.

[balenoed_]

Originally Posted by tiagoatrix

I guess we can start a separate "Kerala accidents" thread.

On a serious note, I would like some inputs from people of Kerala in this group.
Narrow roads, rash driving or is it much more?

Narrow roads, yes. The national highway - NH66 that passes through the entire Kerala north to south is smaller than some of those society roads, at places.

High traffic density. There is not a place on the highway that is isolated.

The other roads apart from highway will be on high range with its own twists and turns adding to accident prone and good Tarmac at most places.

Rash driving by public transport buses to beat the competition and KSRTC in it being notorious for poor driving.

[Rohan265]

Originally Posted by Ays7

Now coming to Murder - In law, there is a very essential ingredient to Murder - it is called "Intent". In Accidents, they are often just accidents, there is no intent, there is no forethought, planning or conspiracy to commit accident and therefore murder. Therefore at best the charge would be negligence leading to a death, but not murder. The law on the subject is very clear regardless of what you or I may feel.

Thank you for providing this clear distinction. As someone closely involved in road crash court cases, I have never seen an IPC 302 filed for road crashes.

What puzzles me is that almost all fatal cases are filed under 304 (A). Whereas cases involving willful negligence e.g. DUI, wrong-side driving, speeding in a heavy pedestrian area, etc may be considered under the stricter 304 (ii). Yet I have rarely come across cases that were moved from 304 (A) to 304 (ii).
As a lawyer what's your opinion of using 304 (ii) for cases where the driver knows that a particular act can lead to a death? Why don't the police/judiciary use it more?

[Toni]

Originally Posted by Ays7

Now coming to Murder - In law, there is a very essential ingredient to Murder - it is called "Intent". In Accidents, they are often just accidents, there is no intent, there is no forethought, planning or conspiracy to commit accident and therefore murder. Therefore at best the charge would be negligence leading to a death, but not murder. The law on the subject is very clear regardless of what you or I may feel.

My perception is clear now. We as ordinary citizen are always under the impression death under any cirumstances leads to prosecution for murder. Whatever may the intent or cause be death is still very painfull for all related.

Thanks for enlightening.

SAFE DRIVE SAVE LIFE.

[Ays7]

Originally Posted by Rohan265

Thank you for providing this clear distinction. As someone closely involved in road crash court cases, I have never seen an IPC 302 filed for road crashes.

What puzzles me is that almost all fatal cases are filed under 304 (A). Whereas cases involving willful negligence e.g. DUI, wrong-side driving, speeding in a heavy pedestrian area, etc may be considered under the stricter 304 (ii). Yet I have rarely come across cases that were moved from 304 (A) to 304 (ii).
As a lawyer what's your opinion of using 304 (ii) for cases where the driver knows that a particular act can lead to a death? Why don't the police/judiciary use it more?

You are right that almost all cases of road accident deaths are filed under 304-A. That is because this section is particularly carved out for deaths caused by negligence and rash driving.

Distinction between 304-A and 304 (ii):

A very good example where 304 (ii) will apply is say when there is a sudden fight or road rage where two or many persons get into a fight and one person is accidentally killed even when there was no intention to kill that person. The fact that getting into a fight, and raining blows on someone, just to injure him but not intending death is where this section squarely applies. So for this section to apply, you have to actively cause injury to someone. Most cases of Road rages, if it leads to an accidental death would fall here.

Accidents - 304 - A - caused by rash and negligent acts. Even if you know that driving on wrong side of the road is likely to cause accident. The act squarely would be rash and negligent act even if you knew what you are doing is dangerous.

[electric_eel]

Originally Posted by tiagoatrix

I guess we can start a separate "Kerala accidents" thread.

On a serious note, I would like some inputs from people of Kerala in this group.
Narrow roads, rash driving or is it much more?

Most of kerala roads are narrow but it also has some of the most scenic roads. I like to drive on such roads (will any day take that instead of long boring concrete straight highways). But then one has to temper ones expectation of speed.

That said the busses both private and KSRTC are really bad. Also kochi's bikers are terrible, like other places they drive recklessly and are in large numbers. Thankfully I dont go there often.

[discoverwild]

13 people from Andhra Pradesh were killed near Chikkaballapur, on the outskirts of Bangalore today. The Sumo they were travelling in collided with a stationary truck.

https://youtu.be/tn3zO2nyxOY?si=mU4WNpsrJtuPO8L1

https://www.news18.com/india/chikkab...e-8634006.html

[bigben]

Noticed this Innova that by the looks of it rear ended another vehicle. I dont have any details as it was parked on the roadside near the toll booth.

[Mathan1130]

Happened today when going to the office all of sudden a cattle entered the road..

https://www.youtube.com/watch?v=BbPU...hannel=MathanG

[bejoy]

Originally Posted by tiagoatrix

I guess we can start a separate "Kerala accidents" thread.

On a serious note, I would like some inputs from people of Kerala in this group.
Narrow roads, rash driving or is it much more?

Narrow, smooth, twisty roads with intersections, U-turns every 300 meters + KSRTC + private buses + the sheer number of CCTVs in every nook and corner to capture the mishaps.

[DetectiveMiles]

Originally Posted by Mathan1130

Happened today when going to the office all of sudden a cattle entered the road..

It looks like the bikes were not maintaining enough distance from car . Also, are going at good speed despite there is intersection. You got lucky because you had enough gap to stop, else you would also be in soup.