Tipper Driver Receives 62-Month Sentence and Rs 20 Lakh Compensation Order for Fatal Crash Claiming Two Lives

Tipper Driver Receives 62-Month Sentence and Rs 20 Lakh Compensation Order for Fatal Crash Claiming Two Lives

Asif Iqbal | December 26, 2023 | 09:27 PM IST | Crime, Kashmir | Follow on Google News

Tipper Driver Receives 62-Month Sentence and Rs 20 Lakh Compensation Order for Fatal Crash Claiming Two Image/KL

Tipper Driver Receives 62-Month Sentence and Rs 20 Lakh Compensation Order for Fatal Crash Claiming Two Lives

In a comprehensive ruling, Chief Judicial Magistrate Fayaz Ahmad Qureshi of Ganderbal has sentenced a tipper driver to over five years of imprisonment for violating section 304RPC in a case involving a fatal road accident. The driver, Mehraj-ud-din Dar, lacked the necessary license, and the truck lacked a route permit at the time of the accident, resulting in two fatalities and injuries to a third person.

Section 304-A RPC mandates a minimum punishment of two years for deaths caused by a rash or negligent act when the driver lacks a license. However, considering the severity of the offence, the accused’s conduct in fleeing the scene, the manner of the offence, and the need for a deterrent sentence, the court deemed a five-year simple imprisonment to be proportional. The judgment emphasizes that the punishment should not only deter future incidents but also provide some measure of compensation to the victim’s families.

The case, registered by the Ganderbal police on December 11, 2013, involved a tipper driven by Dar, which collided with a motorcycle carrying three individuals. The accused fled the scene, leading to charges under Section 279/337 RPC. Two of the injured individuals succumbed to their injuries, while the third was hospitalized.

Upon investigation, the tipper and relevant documents were seized, and the accused faced charges under Sections 279/338/304A RPC and Sections 66/192 MV Act. The accused, released on bail, faced additional charges under Section 3/181 MV Act due to the absence of a driving license.

After the formal framing of charges on April 22, 2014, and a trial involving 12 witnesses, the court found the accused guilty of multiple charges, including Sections 304-A, 279, 338, 427 RPC, and Section 3/181 MV Act.

In addition to the five-year imprisonment, the court mandated the accused to pay Rs 10 lakhs to the family of each deceased victim, totaling Rs 20 lakhs, within two months. Failure to comply would result in an additional six months of imprisonment. Further penalties included one month of imprisonment for Section 279 RPC, one year for Section 338 RPC, and a Rs 25,000 fine for Section 427 RPC. The injured party was to receive Rs 50,000 within two months, with non-payment leading to three months of imprisonment.

Compensation for the damaged motorcycle’s owner and fines for Motor Vehicle Act offences were also imposed, emphasizing the need for both punitive and compensatory measures. The court highlighted the significance of the judgment in addressing traffic-related menaces, withdrawing the accused’s bail and sending them to District Jail Ganderbal. The judgment underscores the importance of comprehensive measures to address the plight of victims’ families. Prosecution was led by Ms Nighat Maqbool, and SM Mushteseen represented the accused.

Tipper Driver Receives 62-Month Sentence and Rs 20 Lakh Compensation Order for Fatal Crash Claiming Two Lives:In case of rectification of any error in article , Visit on Correction Policy & Register your Query:

Asif Iqbal

Asif Iqbal is a seasoned news writer with a passion for delivering the latest updates to the public. Currently serving as the senior writer at VoM News, a prominent news outlet known for its comprehensive coverage of diverse topics, Asif has established himself as a reliable source of information. With a keen eye for detail and a knack for storytelling, he consistently provides readers with well-crafted articles that cover a wide range of news categories. His dedication to journalistic integrity and his commitment to staying ahead of the news curve make him an invaluable asset to Vom News, ensuring that readers are always well-informed on the issues that matter most. You can find his work and stay updated on current events by visiting vomnews.in.