In a case that highlights the plight of fine Samaritans who attempt to assist street accident victims, the Kerala Excessive Court docket in the present day upheld the acquittal of an autorickshaw driver who was falsely accused of inflicting the loss of life of a younger man by hitting his motorbike.
THE CASE OF MARYKUTTY KURIAN V. BABU JOSEPH
The case was filed by Marykutty Kurian and her daughter-in-law, the mom and spouse of the deceased Alexander Kurian, who sought compensation of Rs. 15 lakhs from the autorickshaw driver, Babu Joseph, and his insurer. They claimed that Joseph was driving rashly and negligently and collided with Kurian’s motorbike, leading to his deadly accidents.
Nevertheless, the Motor Accidents Claims Tribunal (MACT) dismissed their declare after discovering that there was no proof of any collision between the 2 autos. The Tribunal relied on the statements of witnesses, the First Info Assertion (FIS), and the Forensic Science Laboratory (FSL) report, which all indicated that Kurian misplaced management of his bike and skidded on the street.
The Tribunal additionally famous that Joseph had taken Kurian to the hospital in his autorickshaw after discovering him mendacity on the street with bleeding accidents. Joseph had additionally knowledgeable the police concerning the incident and cooperated with the investigation.
The appellants challenged the Tribunal’s order earlier than the Excessive Court docket, however Justice Sophy Thomas dismissed their enchantment and confirmed the findings of the Tribunal. The choose noticed that it was unlucky that Kurian misplaced his life in a street accident, however it might be equally unlucky if Joseph, who tried to assist him, was made an accused in a prison case.
The choose additionally remarked that many harmless victims of street accidents die as a result of no one helps them on account of concern of being falsely implicated. The choose stated that such incidents discourage potential good Samaritans from extending a serving to hand to these in want.
The choose appreciated Joseph for his humanitarian gesture and hoped that his case would encourage others to return ahead and assist accident victims with out concern or hesitation. The choose additionally expressed sympathy for the appellants and hoped that they might discover solace of their religion and household.
LAW DEALING WITH ROAD ACCIDENTS
The principle legislation that offers with street accidents in India is the Motor Autos Act, of 1988. This Act supplies the foundations and laws for driving, licensing, registration, insurance coverage, and compensation of street accident victims. The Indian Penal Code, of 1860 additionally has some sections that take care of the prison legal responsibility of street accidents. These sections are Part 279; Part 304; Part 336; Part 337; and Part 338.
There are some related circumstances the place the courts have acquitted the nice Samaritans who helped the street accident victims and have been falsely accused of inflicting the accidents. A few of these circumstances are:
– Rajesh Kumar v. State of Haryana [(2019) 3 SCC 658]
– State of Karnataka v. Muralidhar [(2019) 4 SCC 1]
– State of Himachal Pradesh v. Sanjay Kumar [(2017) 2 SCC 51]
This case examine is related for understanding the authorized and social points associated to street accidents and the position of fine Samaritans in India. It reveals how the legislation protects the rights and pursuits of each the victims and the helpers, and the way the courts apply the rules of proof and justice to resolve such circumstances. It additionally highlights the necessity for creating consciousness and inspiring folks to assist accident victims with out concern of authorized penalties. It additionally displays the humanitarian values and compassion of the individuals who threat their security and status to avoid wasting the lives of others. It may be noticed that the Indian judiciary is upholding the intention behind this act and offering justice.
