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1. Leave granted.
2. The appellant was driving an auto-rickshaw. While negotiating a curve,
due to rash and negligent driving, the appellant lost control of the auto-rickshaw
resulting in the same toppling over and causing the death of Basappa and
Eramma and injury to Sushelamma, who were travelling as passengers along
with three others.
3. Apart from rash and negligent driving leading to casualties, as above, the
appellant should have been careful in not allowing six passengers to travel in an
auto-rickshaw which, normally, has a seating capacity of 1 + 3.
4. Be that as it may, there are concurrent findings of three courts convicting
the appellant under Sections 279 and 304-A, Indian Penal Code, 1860 as well as
Sections 66(1) and 192 of the Motor Vehicles Act, 1988 1 read with Rule 21(10) of
the Central Motor Vehicle Rules, 1989. The appellant having been sentenced to
a year’s simple imprisonment together with fine of Rs.2,000/-(Rupees two
thousand) has served only a few days of his term imprisonment.
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