AIR 1983 KERALA 46 ::(1983) 1 Civ LJ 155 ::(1983) ACJ 103 ::(1983) TAC 34 ::(1982) Ker LT 962 ::(1982) Ker LJ 585

Kerala High Court

Hon'ble Judge(s): K. Bhaskaran, P. C. Balakrishna Menon , JJ

(A) Torts - Negligence - Plaintiff riding his motor cycle along the main road - Police jeep driven along the side road on the east - Jeep entering main road and knocking down plaintiff - Serious injuries to plaintiff - Jeep driver was negligent. Motor Vehicles Act (4 of 1939) , S.110B— The plaintiff was riding his motor cycle along the main road from North to South and a police jeep driven along the side road on the east entered the main road at the road junction. The police jeep coming from the East crossed the main road at a high speed dashed against the motor cycle and knocked down the plaintiff and his companion rider. It was the duty of the police jeep driver to give way to the motor cycle coming along the main road on its right side. The police jeep driver should have taken better care to see that his vehicle did not collide with the vehicles coming along the main road, especially from his right side. Riding his vehicle along the main road the plaintiff was entitled to maintain a reasonable speed but the fact that the plaintiff and his companion rider were thrown out of the vehicle and had sustained serious injuries was not a ground to hold that the plaintiff was riding the motor cycle in a rash and negligent manner. On consideration of the facts and circumstances of the case it was held that the police jeep driver was negligent and the accident took p....