[vivekiny2k]

Originally Posted by jsmonu

Well, m not sure if just stopping someone and actually reprimanding him verbally of the ill behaviour one has demonstrated would actually mean taking the law in my own hands

If you do not have authority, you can not stop anybody on road. But I will leave that to the lawyers on forum.

depending on our so called "LAW" is something that I've lost faith in quite some time back..

I agree.

[Mayavi]

Originally Posted by jsmonu

Well, m not sure if just stopping someone and actually reprimanding him verbally of the ill behaviour one has demonstrated would actually mean taking the law in my own hands, but I know this..

Since you only walked upto a stopped car and talked to the driver, you did not take any law into your hand. What you did was give a unsolicited advice, which IMO was not a wise thing to do. Two reasons, first the rash and negligent driving that the other driver was indulging in is just your feeling/Opinion and not a fact especially considering that you yourself admitted to driving at 100+. For all we know, the other driver was a safe driver who is only driving faster than you did. May be not fast, he may well have been under speed limits. If you felt that his driving is a threat to the safety of others on the road, you should have called the cops and gave his number. You had no right to walk upto him and tell him about his driving style, you are neither law maker nor enforcer.

The second reason why I feel what you did was stupid is the situation you were in. The driver of the other car will not know the reason you walked upto him. He could be a drug dealer, a terrorrist, a business man with a supari on his head, someone being followed by thugs or a thug himself carrying a weapon. You do not know what his mental condition is at that time. He could be worrying about his break up with his gf or about the murder he just comitted. You walk upto him at the toll gate in that situation and ask him to roll down the window, chances are that his first reaction is to take out the gun and pull the trigger. This is not very unrealistic considering the gun culture in Noida/Gurgaon/Delhi areas.

Originally Posted by jsmonu

till the time i'm being a sane driver (even when I get the feeling to rush through the highest of speeds on roads), I dam sure would expect every one else to do the same.. and yes, in the process

Expecting is one thing and trying to make it happen is another. Everyone who is behind the wheel thinks he is a sane driver. Ever noticed people arguing after accidents? 99% of the time, both blame the other driver for causing the accident. Why? Because both think they are safe drivers and that the other driver is at fault.

[Perakath]

Originally Posted by Mayavi

You walk upto him at the toll gate in that situation and ask him to roll down the window, chances are that his first reaction is to take out the gun and pull the trigger. This is not very unrealistic considering the gun culture in Noida/Gurgaon/Delhi areas.

Everyone who is behind the wheel thinks he is a sane driver. Ever noticed people arguing after accidents? 99% of the time, both blame the other driver for causing the accident. Why? Because both think they are safe drivers and that the other driver is at fault.

Well said. Even if not shot, one runs the risk of fisticuffs. Bravado is all well and good on a forum, but in reality a carload of hefty, drunk men can do a lot of damage to someone who fights mostly with their words (like me!). I say this because I know "friends" of mine who have been the ones beating up hapless drivers for no fault of theirs!

[tanwaramit]

Found this news

http://www.livehindustan.com/news/de...39-166949.html

The court order states that if a person is driving the vehicle and someone comes in front suddenly, then the driver is not responsible.

Driving by speed doesnt mean driving negligently.

I think this is a landmark judgement and needs to be spread to all who drive.

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बस से कुचलने से एक लड़के की हुई मौत के मामले में निचली अदालत द्वारा दोषी ठहराए गए एक बस चालक को बरी करते हुए दिल्ली की एक अपीलीय अदालत ने कहा कि स्पीड लापरवाही से वाहन चलाने का पर्याय नहीं है।

अतिरिक्त सत्र न्यायाधीश अजय कुमार कुहार ने निचली अदालत के उस फैसले को निरस्त कर दिया जिसमें दक्षिण पूर्व दिल्ली निवासी बस चालक किशन को दोषी ठहराया गया था। अदालत ने कहा कि अगर कोई व्यक्ति अचानक वाहन के सामने आ जाता है तो दुर्घटना के लिए चालक जिम्मेदार नहीं है।

जज ने कहा, इस संबंध में स्थापित कानून है कि जब सड़क पर कोई वाहन चलाया जाता है और दुर्घटनावश या अचानक कोई व्यक्ति वाहन के सामने आ जाता है तो दुर्घटना के लिए वाहन चालक जिम्मेदार नहीं होगा। वाहन की गति से ही यह साबित नहीं हो जाता कि वाहन चालक ने लापरवाही की।

उन्होंने कहा, सिर्फ इसलिए कि आरोपी जिस बस को चला रहा था उससे दुर्घटना हुई इससे यह निष्कर्ष नहीं निकाला जा सकता कि आरोपी लापरवाही से वाहन चला रहा था। सत्र अदालत ने किशन की अपील पर यह फैसला सुनाया। जनवरी 2010 में मजिस्ट्रेट की अदालत ने किशन को आईपीसी की धारा 304ए के तहत दोषी ठहराया था
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Mods: I feel this should be a part of this section, if you feel then move to other section.

[mxx]

Thats a relief for motorists, it is not rare that you see people crossing the road at will on dual highways where the vehicles are relatively fast, even when pedestrian subways are provided.

[DicKy]

At last sense has prevailed.
Sppeding and driving recklessly are entire different things with many people equating speeding as rash driving.
Ofcourse overspeeding is negligent driving,but not proper speeding.

[libranof1987]

But the bigger notion is : it is always the fault of the bigger vehicle.

Can "speed doesn't mean negligence" take precedence that? Also, proving that a person/another vehicle suddenly came in front of the vehicle in question itself depends on the person who files the report (=cops).

So, although the court has this ruling; I wonder if it will get the correct background information to use it.

[vebmetal]

This is a district court judgment - not a high court or Supreme Court, so I seriously doubt this will help anyone. The District Courts are not courts of record, that is to say that their judgments are not binding on other courts. High Court judgments on the other hand are binding on all courts of that state, and even have persuasive value in other states. Supreme Court is the law of the land and every court in the country has to follow and apply its judgments.

So please do keep in mind that this decision is not binding on anyone else, and even if you find yourself in the same position it may not help you at all in your legal battles.

[tsk1979]

Note from mod:Thread merged

[tsk1979]

Actually the district court did not do this judgement on its own. Due to precedence in HC, probably this judgement was made.

[tanwaramit]

The same news with more details here.

http://www.hindustantimes.com/Speedi...e1-686539.aspx

The court is also talking about rule ""The law is very well settled that when a vehicle is driven on the road and a person comes in front of it accidentally or suddenly, then the driver of the vehicle will not be responsible for the accident. The speed of a vehicle itself does not prove the rashness or negligence of the driver of the vehicle," the judge said."

Sharing this information here for people coming and looking for information on the same.

[Punzabi]

Originally Posted by jsmonu

I get furious, just follow him up and in the process

Not trying to judge you but If you just followed him that's fine but by chasing him you did break the law my friend. Also, you mentioned you were clocking just over 100 km/h, is it really allowed on that stretch of the road? (I am asking because I've never driven on the road). From memory, safe limit to drive on an Indian highway is 90 (correct me if I am wrong).