Recently the Kerala High Court in its hearing observed and ruled that driving a vehicle in a reckless and negligent manner even if it is done at a low speed, would still amount to 'rash and negligent driving'. The HC passed the ruling while hearing a suo moto case on Friday, based on a report filed by a Sabarimala devotee, reported Live Law.
On Friday, a devotee proceeding to Sannidhanam brought to the notice of this Court the rash
and negligent driving of tractors used for transportation of goods to Sannidhanam, through the trekking path, causing a threat to the safety of the pilgrims.
"A person who drives a vehicle on the road is liable to be held responsible for the act as well as for the result. It may not be always possible to determine with reference to the speed of a vehicle whether a person was driving rashly and negligently. Both these acts presuppose abnormal conduct," the court led by the division bench of Justice Anil K. Narendran and Justice P.G Ajithkumar observed.
The judgment went on to add, "Even when one is driving a vehicle at a slow speed but recklessly and negligently, it would amount to 'rash and negligent driving' within the meaning of the
language of Section 279 of the Indian Penal Code, 1860."
The court has also asked the State (Deputy Superintendent of Police, Chief Vigilance Officer and Station House Officers in charge) to ensure that movement of such transportation vehicles is strictly regulated on the Pamba to Sannidhanam trekking path used by devotees and enough measures are taken to ensure the safety of the pilgrims on foot.
Special Commissioner, Sabarimala is expected to file an implementation report in this matter before the court today, Monday, Dec. 13, 2021.
