AIR 1960 MADRAS 50 ::1960 MadLJ(Cri) 570

Madras High Court

Hon'ble Judge(s): Ramaswami , J

Motor Vehicles Act (4 of 1939) , S.116— Rash and negligent driving - What amounts to - Distinction between negligence and rashness. Penal Code (45 of 1860) , S.279— Madras City Police Act (3 of 1888) , S.71— Culpable driving of a motor vehicle giving rise to penalties on the criminal side and damages on the civil side may be classified as negligent driving, rash driving and guilty errors of judgment. Of these three classes, the first two constitute the component elements of reckless or dangerous driving punishable under S. 116 of the M. V. Act. Section 71 of the City Police Act postulates the rash or negligent driving in any public place as the requisites for an offence to be committed under that section. Errors of judgment which fall within that clause give rise to civil liability but are not punishable criminally : Case law referred.(Para 7) There is a clear distinction between "negligence" and "rashness" and that distinction is contemplated even by S. 279, I. P. C. In the case of negligence, the party does not do an act which he was bound to do, because he adverts not to it. In the case of rashness, the party does an act and breaks a positive duty. He thinks of the probable mischief, but in consequence of a missupposition begotten by insufficient advertence, he assumes that the mischief will not easue in the g....