Kerala Bus Driver’s Reprieve in Fatal Accident Case – SC Verdict

Kerala Bus Driver’s Reprieve in Fatal Accident Case – SC Verdict

Subject :Polity

Section: Msc

Background 

• A Kerala bus driver attributed a fatal accident to his “deformed left wrist“
• The accident resulted in the deaths of five passengers and injuries to 63 others.

Supreme Court Decision

• Bench led by Justice B.V. Nagarathna pronounced the verdict.
• Driver’s prison term reduced from 5 years to 1 year. (Reprieve)
• Bus owner was ordered to pay ₹7.5 lahks for distribution among the victims’ families.

Trial Court and High Court Views:

• Trial court found the unlicensed driver at fault due to lack of a valid licence.
• High Court saw the punishment as a deterrent for speeding drivers and proportionate.

Supreme Court’s Appellate Jurisdiction: 

• The Supreme Court replaced the British Privy Council, becoming the top appellate court after the Federal Court of India. It reviews appeals in four key areas:

1. Constitutional Appeals (Article 132)
2. Civil Appeals (Article 133)
3. Criminal Appeals (Article 134)
4. Special Leave Appeals (Article 136)

• Parliament can grant additional powers to Supreme Court to hear appeals against High Court judgments. The Court’s jurisdiction is wide, yet exercised cautiously in extraordinary situations, as defined by the Court itself.

High Court’s Appellate Jurisdiction: 

• Civil Matters: Within civil matters, the High Court is empowered to consider appeals if the sum in dispute is no less than INR 5000 and the case involves property of equivalent value.
• Criminal Appeals: In criminal scenarios, the High Court can entertain appeals when a Session Judge issues a conviction leading to a four-year jail sentence.
• Death Penalty Decisions: When it comes to criminal cases, the authority to impose the death penalty rests with a Session Judge at the district level. However, such a grave sentence necessitates validation from the High Court.
• Revenue Disputes: For a majority of revenue-related disputes, the High Court possesses the jurisdiction to hear appeals contesting decisions rendered by lower courts.
• Constitutional and Legal Interpretation: Any instance entailing the interpretation of constitutional provisions or laws permits the filing of an appeal before the High Court.
• Tax Matters: The High Court can deliberate on appeals concerning income tax, sales tax, and other forms of taxation.