D, a bus driver, was driving a bus carrying passengers on a kuchha road. A speeding truck carrying goods came from opposite side raising lot of dust resulting in poor visibility. D did not stop but continued to drive. B, a boy, who was trying to cross the road was hit by the bus driven by D and died soon thereafter. Which one among the following statements brings out the correct legal position?

A) D is not liable for any offence and if, at all, any person has to be held guilty it is the driver of the speeding truck B) D is not liable as it is B who should have taken care not to cross the road during low visibility C) D is liable under Section 304A, Indian Penal Code as he knowingly continued to drive his vehicle even when there was low visibility and as a consequence of his rash act B was killed even though B may have contributed to the accident D) D cannot be held liable as the truck driver as well as B had contributed to the final act resulting in the death of B

Answer & Solution

Correct Answer: Option C

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