[V.Narayan]

Bus driver gets 190 years prison sentence for killing 22 in a bus crash.

https://timesofindia.indiatimes.com/...w/88642084.cms

The driver convicted in the Panna bus accident of MP (Madhya Pradesh Today News) has been sentenced to 190 years. On May 4, 2015, the passenger bus he was driving fell about 14 feet on to a dry canal bed near Panna, in which 22 people were burnt alive while 15 others were rescued. The accident was so terrible that the skeletons of 22 people were taken out from inside the bus.

At that time the survivors had told that the bus was speeding. A passenger on the bus was also carrying some flammable sealant material in a drum. Many passengers implored the driver to slow down but to no avail. The bus suddenly went out of control near Pandav Falls and fell 14 feet when crossing a dry canal. The bus caught fire as soon as it fell into the ditch. Eyewitnesses & some passengers aboard the bus said that the diesel tank of the bus exploded, causing the bus to catch fire. Inflammable material kept inside the bus also started burning due to which 22 passengers were trapped inside the bus, due to which they died. The incident was so horrific that only the skeletons of 22 passengers could be pulled out and they could only be identified after DNA testing. Further the emergency exit had been blocked by welded rods and an additional set of seats installed there.

The owner got 10 years.

The driver's sentence comprises of 19 separate sentences of 10 years each which shall run separately i.e. one after the other.

I’m glad that courts in India have started giving out exemplary sentences.

[Aditya]

Thread moved out from the Assembly Line. Thanks for sharing!

[DicKy]

Originally Posted by V.Narayan

The owner got 10 years.

The driver's sentence comprises of 19 separate sentences of 10 years each which shall run separately i.e. one after the other.

I’m glad that courts in India have started giving out exemplary sentences.

When I first saw the heading, thought it was in USA. Didn't know our courts could give out consecutive sentences. Thought the max they could give was death sentence or the life sentence of 15-17 years.

The owner getting 10 years would send a strong message to those who do such mods to increase revenue and also force drivers to make up time. That is, if the vehicle title owner is really the owner or just a benami.

[Rahul Bhalgat]

Good that the courts have started to give a judgement which shall scare such careless, rash and negligent drivers.

A few times, I have driven between Jabalpur and Maihar. In the first instance, it was in the night. (crossed Jabalpur at 7 pm). The small buses coming from the front as well as the rear was such a scare, I cannot describe. The way they chase you at high speed, the way they recklessly undertake to overtake you or the way they would occupy your lane fully, coming from the opposite directions. The way they blind you with their headlights. My God, they were driving as if there is noone else on the road.

But the people would forget the news in a while. It is necessary for the police to takes actions on such drivers routinely. Only then such attitude can be curbed.

[vigsom]

I'm no legal expert, but do not understand how a 190 year sentence can be pronounced when the accused can probably live no more than a 100 years. Wouldn't life imprisonment be the right sentence?

Originally Posted by V.Narayan

The owner got 10 years

The owner deserves this; an extra row of seats probably proved too expensive. This is the first time I'm hearing the owner also being convicted.

the emergency exit had been blocked by welded rods and an additional set of seats installed there

Not surprised to see this in a country where there is utter disregard for safety. I have seen mattresses being placed close to the emergency exits of even some Volvos; not totally blocking the emergency exit but still the mattresses shouldn't be there in the first place.

How many drivers and front passengers defeat the seat belt warning chimes by sticking a buckle in and drive happily without the belt on. No bus driver ever uses a seat belt.

I still have apprehensions of how safe bus coaches are built today by coach builders; a metal skeleton, with GI sheets and some laminates. Maybe the Scanias and Volvos with factory coaches might still qualify but what about the ones built by coach builders on chassis?

[shancz]

A good move, when all other means have failed to keep someone, occupying a position of power and responsibility, to behave responsibly and not defy common sense even after being warned that person and entity responsible for it has to face a strong deterrent like the courts have shown.

Jave read these lines a lot of times in many accidents
"the passengers urged to drive slow but the driver didn't pay heed and"

Hope this decision ensures that we don't read this ever again.

[GTO]

Going against the tide here, but I think this sentence is too harsh. An accident is an accident - unintentional. Unless it was due to drunk driving or intentional (like the incidents we keep hearing of in the USA), this kind of sentence isn't fair IMO. First of all, we all know that "rash driving" is a term that the police use in any & all accident FIRs. Second, if the driver was indeed speeding despite being told to slow down by passengers, put him behind bars for 10 years. End of the day, people did die and a 10-year sentence is enough to send a loud message out to other rash drivers.

But 190 years? No way.

[antz.bin]

Well, this recently happened in the US:

https://abc7.com/rogel-aguilera-mede...rash/11344021/

But the sentence was later reduced to 10 yr due to an outcry by the public which included the families of the deceased.

The current judgement is good from the perspective of making headlines, but will never stand in a higher court. I fail to understand the purpose of such a judgement.

Indian law enforcement is too biased against the vehicle drivers and the mistake is always the drivers.

I never read comments on TOI articles but a couple have made a valid point. How did such a bus with welded-closed emergency exit pass the annual inspection? No action against the RTO official who signed it's fitness certificate?

[Shreyans_Jain]

Way too harsh a punishment, and I guess influenced by the recent judgement in the US which was later commuted. 10 years for driver as well as owner was more than enough to get the message through. Right now, it is only grabbing headlines. People died, but there is no way any judgement can bring them back.

[Everlearner]

Originally Posted by GTO

Going against the tide here, but I think this sentence is too harsh. An accident is an accident - unintentional. Unless it was due to drunk driving or intentional (like the incidents we keep hearing of in the USA), this kind of sentence isn't fair IMO. First of all, we all know that "rash driving" is a term that the police use in any & all accident FIRs. Second, if the driver was indeed speeding despite being told to slow down by passengers, put him behind bars for 10 years. End of the day, people did die and a 10-year sentence is enough to send a loud message out to other rash drivers.

But 190 years? No way.

Agree with this. Many times drivers are forced by owners to maintain timing to ensure that the next scheduled trip is not affected. They also do illegal and unsafe mods to increase seating or luggage capacity. The RTO should not have renewed the FC for this bus and the cops should have caught and fined.

The driver is definitely at fault, but the core issue is more systemic than just a culprit driver.

[ninjatalli]

I'm surprised the driver got away alive from the scene. I do hope the jail sentence periods are not reduced to a number that is laughable - years/decades later there needs to be a precedence (/sentence) to refer to for future rash driving & similar cases. As for the wishful thinking of 10 years for the driver? Laughable. I can understand giving a driver 10 years if he caused the incident by accident (say hitting some other vehicles on the road and causing subsequent damage/deaths). But here the driver (and the owner to an extent) were responsible for the passengers. Even after they repeatedly requested for him to slow down. Allowing inflammable material in the vehicle. Blocking up the emergency exit to allow an extra (illegal) seat. And I'm sure overspeeding and other offenses were also at play.


A fair decision. I would have hoped for a longer sentence for the owner, but I guess 10 years is a good start. Even though if he might get it reduced through future appeals.

[V.Narayan]

Originally Posted by DicKy

Thought the max they could give was death sentence or the life sentence of 15-17 years.
That is, if the vehicle title owner is really the owner or just a benami.

A legal expert can offer a better answer but as far as I know sentencing in Indian courts has changed and consecutive sentences are feasible. I am sure the Hon'ble Judge (God bless him/her) would have pierced behind any veil of benami ownership that might have been there given that this is common in India. When you sentence a man to 10 years most of us would exercise the due diligence to ensure we are sentencing the right person.

Originally Posted by vigsom

I'm no legal expert, but do not understand how a 190 year sentence can be pronounced when the accused can probably live no more than a 100 years. Wouldn't life imprisonment be the right sentence?

It basically means that even if the convict gets some years off for good behaviour he does not get out out prison in his natural expected life time.

Originally Posted by antz.bin

I never read comments on TOI articles but a couple have made a valid point. How did such a bus with welded-closed emergency exit pass the annual inspection? No action against the RTO official who signed it's fitness certificate?

You make a very valid point. The RTO official who passed the vehicle should also serve 10 years.

[WorkingGuru]

Going by Indian judicial standards, 6 years to process this itself is "good". But I can only imagine this would be appealed against, which will be taken up after years & maybe the culprits will eventually be punished after eons. Till then, they'll probably be on bail.

For those who think a suspended driving license is going to stop him from driving, haven't a clue about the cost sensitivity of transport sector. This driver with a death-wish and the negligent bus owner will likely go on with their lives, possibly endangering others. I imagine if the driver doesn't have much hopes from the appeal, he'd deliberately endanger even more people.

[saikarthik]

I guess this is a fair judgement, considering the warnings from fellow passengers are ignored - it becomes intentional to put people lives at risk (Even of it's not an intention to kill anyone).

Why I say this? if it were just 10 years, no one would talk about this either or not so seriously. This will be taken seriously by some at least now, and these kind of judgements and scenarios should be given as road safety awareness programs.

I now wonder, what would have been the judgement if it was a state run bus?

[setuniket]

As per Indian Criminal Procedural law, the Court has the discretion to award concurrent and consecutive sentences. It is left to the discretion of the Court to award any of the sentence for multiple offences. Ordinarily, the court award sentences to run concurrently.

Originally Posted by DicKy

When I first saw the heading, thought it was in USA. Didn't know our courts could give out consecutive sentences. Thought the max they could give was death sentence or the life sentence of 15-17 years.

Life imprisonment would entitle the convict to be considered for remission/pardon etc after 14 years(in case of life imprisonment). This may close all his options to seek concession after serving a particular period. This is better than awarding death penalty but worse(for convict) than awarding life sentence.

Originally Posted by vigsom

I'm no legal expert, but do not understand how a 190 year sentence can be pronounced when the accused can probably live no more than a 100 years. Wouldn't life imprisonment be the right sentence