Bus driver not negligent when the motorcyclist turned without checking the road: P&H High Court

The Punjab & Haryana High Court has acquitted a bus driver in a death-by-negligence case, holding that the motorcyclist’s contributory negligence could not be overlooked.

Justice H.S. Grewal observed that while the trial court faulted the driver for not noticing the turning motorcycle, it was equally the rider’s duty to ensure the road was clear before making the turn.

The Court also flagged major gaps in the prosecution’s case, including the absence of passenger witnesses and no identification parade, which weakened the evidence.

It concluded that a conviction under Section 304-A IPC requires proof of gross negligence, which was not established.

[Bhajan Singh v. State of Punjab]