Baramulla: A court in Pattan has found driver of a tripper vehicle guilty of causing death of a person by rash driving and sentenced him to imprisonment for two year with a fine of Rs. 5000. The accused, Farid Ahmad Khan son of Habibullah Khan of Uri was sentenced under Sec. 304A of RPC.
The accident had occurred in 2005, leading to the death of Arshid Ahmad Bhat son of Ghulam Hassan Bhat of Gundbal. Police registered a case (FIR 89/2005) under section 179, 304-A in police station Pattan and later filed charge sheet against Khan. The trial of the case had started on 3 October 2006 and culminated with Khan’s conviction.
“The accused has been driving the vehicle very fast in the reverse direction without having the conductor has been proved by the prosecution,” said judicial magistrate Pattan, Khursheed ul Islam and convicted Farid Ahmad Khan. The court sentenced him to imprisonment for a period of two years and fined him Rs 5000 to be paid to the family of deceased if paid by him.
In default of the fine, the court ordered that Khan shall undergo further imprisonment of one month. He has been ordered to be detained in the sub jail Baramulla or Kupwara for undergoing the sentence.
“It has been often found that the tipper drivers have been driving rashly and negligently, it frequently takes the lives not only of the vehicle occupants, but of vulnerable road users, pedestrians, cyclists etc,” the court said.
Terming the human toll in such accidents as tragic, the court said that the survivors and family members are affected not only by the immediate death or disability, but also the life time psychological and physical sufferings. “Crashes often result in orphans, and some victims as young as infants,” the judge said.
Referring apex court’s judgment, the judge said that the highest court of India has observed that in addition to the devastating human toll, the economic impact of road crashes is also enormous.
“Many of those injured or killed are wage earners leaving families destitute and without means of support. The estimated annual cost of road traffic crashes in developing countries exceeds $100 billion,” the apex court had said.
The apex court had also underlined that there was need to have the tools to combat what it termed as “epidemic.”
“In the developed nations, proven methods such as enforcement of laws regarding driving under the influence of alcohol or drugs, reducing speed limits, and requiring seat belts and restraints have shown significant reduction in traffic fatalities,” it said.
Road design and road environment, vehicle design, and road safety standards are also strategies that successfully address traffic safety, it said.
“For maximum impact, a systems approach with multiple, scientifically proven prevention techniques must be employed. Education alone has been shown to be less effective, and often ineffective,” the court had added.