Driver Must Slow Down When Pedestrians & Cattle Are On Road; Failure Amounts To Negligence: Himachal Pradesh High Court

The Himachal Pradesh High Court has upheld the conviction of an accused in a fatal road accident case, holding that when pedestrians and cattle are moving on the road, the driver is required to slow down and drive with caution; failure to do so constitutes negligence.The Court further remarked that the accused failed to reduce speed despite cattle movement on the road and drove the vehicle in a manner that resulted in the death of a child. Justice Rakesh Kainthla remarked that: “Therefore, a driver was supposed to drive the vehicle carefully so as to avoid any injury to any person or animal… In the present case, the accused failed to slow down the vehicle when the cattle and people were moving on the road and this would constitute negligence.” In may 2006, a scorpio vehicle driven by the accused, hit a child near Banikhet Helipad while villagers were walking with their buffaloes. The child suffered fatal head injuries and later died.During investigation, it was revealed that there was damage to front glass of the vehicle and when the car was mechanically examined, no defect was found that could have led to the accident. Thereafter, the Trial Court convicted the accused under Sections 279 and 304-A IPC and Sections 184 and 187 of the Motor Vehicles Act, holding that he drove negligently, fled from the spot, and failed to assist the injured. Later his conviction was upheld by the appellate court. The Court remarked that even that the informant was declared hostile as he was a minor, his testimony regarding the registration number of the vehicle remained unchallenged and could not be ignored.Further the Court reiterated that the Court emphasized that “high speed” is a relative term and that drivers must exercise heightened caution where pedestrians and cattle are present.The Court observed that it was established in Medical evidence that the cause of death was a hit to the head and the injury could have been caused in a motor vehicle accident. Thus, the Court dismissed the revision petition. Case Name: Paramjeet Singh v/s State of H.P. Case No.: Cr. Revision No. 178 of 2014Date of Decision: 21.11.2025For the Petitioner: M/s Y.P. Sood and Parveen Chauhan, Advocates. For the Respondent: Mr. Jitender Sharma, Additional Advocate General..Click Here To Read/Download Order

Driver Must Slow Down When Pedestrians & Cattle Are On Road; Failure Amounts To Negligence: Himachal Pradesh High Court

Mehak Aggarwal

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