Bombay high court says highway executives not to blame for death of driver on potholed road

The Mumbai police said four executives of Sion-Panvel Tollways Private Limitedhad indirectly caused the death of the tempo driver by failing to maintain the road

The Bombay high court struck down a criminal case registered against four executives of Sion-Panvel Tollways Private Limited for purportedly causing the death of a tempo driver, who died in a freak accident in July.

A division bench held charges of culpable homicide not amounting to murder, necessitate the involvement of a positive act, as distinguished from silence, inaction or mere lapses, committed by the accused person. (HT File Photo)

Four vehicles collided on the Sion-Panvel highway near Uran junction, purportedly caused by the recklessness of a tempo driver.

He was booked after the accident left one dead.

The Nerul police also booked Sion-Panvel Tollways executives Pavneet Sethi, Vibhudath Satpati, Ramzan Patel and Sanjiv Shrivastav under section 304(II) of the Indian Penal Code for culpable homicide not amounting to murder.

Police said they had indirectly caused the death of the tempo driver by not maintaining the road.

A division bench of justices Ranjit More and Shalini Phansalkar-Joshi, however, held charges of culpable homicide not amounting to murder, necessitate the involvement of a positive act, as distinguished from silence, inaction or mere lapses, committed by the accused person.