Wickremesinghe V. Obeysekere

1935   Present  :  Macdonell C.J.

WICKREMESINGHE v. OBEYSEKERE

. 725-P. C. Colombo, 33,533.

Motor Car Ordinance-Causing hurt by driving a car negligently and carelessly-Conviction of minor offence-Driving  motor car so as to obstruct -Failing to take action to avoid accident-Ordinance No. 20 of 1927, s. 44 (5) and (13)-Criminal Procedure Code, s. 183-What is criminal negligence.

Where a person was charged under sections 328 and 329 of the Penal Code with causing hurt by doing one or more of the following acts rashly and negligently, viz., (a) by driving a motor car so as to cross

or commence to cross in a highway and obstruct another car, (b) by driving a motor car, having failed to take such action as may be necessary to avoid an accident,-

Held, that he may be convicted of any of the following minor offences under section 44 (5) and (13) of the Motor Car Ordinance, viz., (a) driving a motor car so as to cross or commence to cross a highway and so obstruct traffic, or (b) failing to take such action as may be necessary to avoid an accident.

Where the driver of a motor car, approaching a highway from a minor road, at a blind corner commenced to cross the highway at a speed of ten miles an hour and collided against a car which was going down the highway,-

Held, that the driver offended against the provisions of section 44 (5) and (13) of the Motor Car Ordinance, No. 20 of 1927.

APPEAL from a conviction by the Police Magistrate of Colombo.

E. F. N. Gratiaen (with him Earle Wijewardene), for accused, appellant.

S. J. C. Schokman, C.C., for complainant, respondent.

Cur. adv. vult.

November 29, 1935. MACDONELL C.J.-

In this case the accused was charged as follows:-"That on or about the 1st day of July, 1935, at Alfred place, within the jurisdiction of this 'Court, (1) You did cause simple hurt to (1) Mr. Louis Adihetty of 17th lane, Bambalapitiya, (2) cause grievous hurt to (2) Mrs. Adeline Weerasinghe of 17th lane, Bambalapitiya, by doing one or more or all of the following rash acts, to wit :-

" (a) By driving motor car X 2096 so as to cross or commence to cross in a high way and obstructed motor car F 1737.

" (b) By driving motor car X 2096 and failed to take such action as may be necessary to avoid an accident.

" (2) That at the same time and place aforesaid you did cause simple hurt to (1) Mr. Louis Adihetty of 17th lane, Bambalapitiya, cause grievous hurt to (2) Mrs. Adeline Weerasinghe of 17th lane, Bambalapitiya, by doing one or more or all of the following negligent acts, to wit :-

" (a) By driving motor car X 2096 so as to cross or commence to cross in a highway, and obstructed motor car F1737.

" (b) By driving motor car X 2096 and failed to take such action as may be necessary to avoid an accident,

" and thereby committed an offence punishable under sections 328 and 329 of the Ceylon Penal Code. "

The accused was found not guilty on the first count alleging rash acts, but was found guilty on the second count alleging negligent acts and was sentenced to pay a fine of Rs. 30.

The evidence in the case was that the accused on July 1, 1935, about 3.15 P.M., was driving an Austin Swallow car, X 2096, southward down Charles place with intention to cross Alfred place, and after so crossing to proceed along the southern portion of Charles place into Bagatelle

road, this being a route familiar to her as she had often driven down it before. Charles place, both its northern and southern portion, is a gravel road not provided with drains or Municipal lighting. It starts to the north in Fifth lane (that is, you cannot get further north along its line), it goes south till after crossing Alfred place, it comes into Bagatelle road and then ends a little south of that road; that is to say, it is a short road starting at a definite place to the north and ending at a definite place to the south. Alfred place on the other hand is a tarred road with di

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