THE STATE OF ORISSA Vs. D. SURYANARAYANA

JUDGEMENT

(1.) THIS is an appeal by the State of Orissa against the judgment of the Sub -divisional Magistrate of Koraput, acquitting the Respondent who was tried in his Court for offences under Sections 304 -A and 279 Indian Penal Code.

(2.) THE Respondent was the driver of a motor truck No. O.R.H. 10 plying in Koraput district. On the 21st March 1960 at about 9 a.m. the truck left Koraput for Jeypore fully loaded. Soon after crossing the outskirts of Koraput town when it entered the that for going down to Jeypore, there was a sudden bursting of the tyre of the right front wheel. The Respondent was unable to control the steering of the vehicle in view of the downward slope of the road, and after some desperate efforts on his part the vehicle swerved to the extreme right and fell into a drain on the right side of the road. The vehicle was damaged and one side and two of its wheels were in the air. In consequence of this accident many of the occupants of the truck sustained severe injuries and one of them, an old woman named Jayamma, died subsequently due to the tearing of the big vessels of the neck and the fracture of the cranium. The cleaner of the truck Appalaswamy (P.W. 7), two of the passengers namely Daya Sagar Bag (P.W. 1), one Sankar Rao and the Respondent driver himself sustained simple injuries. The accident was immediately reported at Koraput Police station and the A.S.I., J.C. Mohanty, (P.W. 5) hurried to the spot and took necessary steps. He also prepared a spot plan (Ext. 17) and sent the injured persons to the Hospital. The Motor Vehicles Inspector, B.C. Mukherji (P.W. 4) inspected the place of accident at 4.30 p.m. on the same day. He found that the right side front tyre had burst and that the front bumper, radiator grill, bonnet, mudguard etc were damaged. He further stated that the right front tyre had been completely worn out and was not in a serviceable condition. Though the foot braking system and the steering were damaged he as of opinion that they were in order before the accident and that the damage was due to the accident. From the skid marks found at the place the Motor Vehicles Inspector was of opinion that the truck was proceeding at a speed of between 30 and 35 miles per hour and that the accident was due to the worn out condition of the tyre and to the speed with which the vehicle was being driven. During his cross examination the Respondent himself brought out that the canvas of the tyre was visible. It was further brought out that when a heavy truck of this type is proceeding down gradient the pressure is more on the front wheels. It was also elicited that even if the tyre burst when the vehicle was going down slope if the vehicle had been driven at a slow speed, the driver could, by controlling the steering, have prevented the truck turning turtle and that the vehicle would be upset only if the speed was high.

(3.) THUS the facts found are these. Though the right front tyre of the vehicle was very much worn out and practically unserviceable with the canvas visible, nevertheless the Respondent drove the loaded vehicle down the sloppy road from Koraput to Jeypore. The steering and the foot braking system were in order before the accident. Consequently if the speed of the vehicle had not been abnormal any driver with average skill could have prevented the accident by controlling the steering, and applying the brakes properly.