Convicted of causing death by negligence, driver fined Rs 10k

Panaji: A Valpoi court has convicted Gajanan Naik for causing death by negligence and for rash and negligent driving in connection with a 2024 accident. Naik had rammed a Volkswagen car into a motorcycle, resulting in the death of rider Ulhas Laxman Gaonkar. The court imposed a total fine of Rs 10,000 on the accused.

The court observed that Naik, 33, is a first-time offender with no previous convictions. It noted that all three offences for which he was convicted carry the option of a fine in lieu of imprisonment and, accordingly, directed him to pay a total fine of Rs 10,000 instead of serving a full-term sentence.

The court held that the prosecution proved its case beyond reasonable doubt through the testimony of the pancha witness, the scene-of-accident panchanama, and the testimonies of the eyewitness and complainant.

Observing that the offence of causing death by negligence is punishable with imprisonment, fine, or both, the court imposed a fine of Rs 8,500 under the relevant section. For rash and negligent driving—punishable with imprisonment of up to six months, a fine of up to Rs 1,000, or both — the court imposed a fine of Rs 1,000. An additional fine of Rs 500 was imposed for causing hurt by an act endangering life.

According to the prosecution, the accused was driving a Volkswagen Ameo in a rash and negligent manner on Jan 1, 2024, while travelling from Valpoi to Thane, when he collided with a motorcycle coming from the opposite direction. Gaonkar sustained grievous injuries and later succumbed to them while undergoing treatment at GMC.

Assistant public prosecutors C Sawant and A Harlarnekar submitted that Gajanan had moved onto the wrong side of the road before crashing into the motorcycle.

The court observed that while speed alone cannot determine rash or negligent driving, the prosecution established through eyewitness and pancha witness testimony that the accused overtook the eyewitness at high speed, moved onto the wrong side of the road, and crashed into the oncoming motorcycle.

“The fact that the accused was present at the spot and pointed out the point of impact is corroborated by the testimony of the complainant, who categorically deposed that the accused was present at the scene and identified him in court,” stated Purva V Naik gram nyayadhikari, court of gram nyayalaya, Sattari at Valpoi.

The court further noted that the motor vehicle inspection reports of both vehicles supported the prosecution’s case and revealed no mechanical defect in the offending vehicle.

The court directed that the total fine amount of Rs 10,000 be paid to the family of the deceased.