Pritam Singh Safeer

( 1 ) -THIS appeal raises for deteimination the differentia in respect of rashness or Negligence" which may present a clear demarcation between civil negligence i. e. Negligence constituting a tortious act for which compensation may be awarded and negligence or rashness which may have the element of crminality punishable in terms of Sections 279 and 304 A of the Indian Penal Code.

( 2 ) I must record here that Mr. S. Malhotra who has appeared for the appellants has assisted me with eminent ability in this appeal. He has not resorted to any irrelevant citation ur any uncalled for argument.

( 3 ) AN application was filed by Shri Bahadur Chand and his wife Smt. Janki Devi under section 110 A of the Motor Venicles Act against the respondent to this appeal who at the time of filing of the application and the accident mentioned therein was the S. D. M. Kangra.

( 4 ) WHAT we really become concerned with in this case is the happening at about 9. 05 A. M. on the 26th of March, 1964 when the respondent came driving a jeep from a direction opposite to the one in which two boys named Ashok Kumar and the deceased Satish Kumar were proceeding on a cycle. The date, the time,

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