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State v Chand [2007] FJMC 16; Traffic Case No 549 of 2006 (4 June 2007)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Traffic Case No. 549 of 2006

STATE

V

NILESH MOOL CHAND s/o Mool Chand

Before Ajmal Gulab Khan Esq

Date of Hearing: 7/5/07.
Date of Judgment: 4/06/07

Prosecution: Insp. S. Gosai
Accused: In Person.

JUDGMENT

The defendant has been tried on an amended charge of Careless Driving.

The facts are on 10th of June 2006 the defendant drove along Nairai Road. At that time the complainant, a 70 year old lady crossed the road from the opposite side towards the left pavement. When she was about to reach the end a few feet from the footpath the defendant bumped into her.

The complainant had seen the vehicle from about 30 meters away but she couldn’t cross quickly as she had problems with her leg. The defendant noticed the complainant also from a distance. He said she walked in a ‘leisurely fashion’ she came from a parked car and walked to middle of road. She continued to cross the road and the defendant applied his brakes. The car could not fully stop and pumped her slightly in the side. She fell on the road.

The defendant with help of the driver of the other car parked on the road placed her in his vehicle and took her to hospital. She had minor injuries on her legs. X-ray revealed no fractures or broken bones.

The defendant was initially charged for Dangerous Driving but on the (Hearing) date the Prosecution chose to proceed on careless.

Upon the facts I find that there was contribution of the complainant in the manner of her crossing in view of the fact that it was a bend and she had walked away to cross after talking to people parked in the car on opposite side of the road.

Also her leg was not sufficiently well enough to cross a busy road as one would be required to do in the circumstances.

However, the defendant had seen her from before. He did apply his brakes when he came closer but could not avoid hitting. From his evidence it appears that he thought she would stop in the middle to allow him to go.

He also in the circumstances was driving a little faster then a prudent driver would have. One is expected in such a case to drive at slowest speed ready to stop immediately. Particularly, being a roll and a mango tree blocking the full view and an old lady trying to cross. All of above combined would have put a reasonable driver on notice and he could have avoided the collision. He did apply brakes but was unable to swerve or avoid her.

Also for complainant’s negligence in crossing the road it may be taken into account in a civil action but not in this traffic case. It is not a defence for the defendant in this charge.

I find Prosecution has proved its case on careless driving and the defendant is found guilty.

Dated this on the 4th day of June 2007.

Ajmal Gulab Khan
RESIDENT MAGISTRATE