Bus Hit Elephant in 2001: Supreme Court Cuts Rash-Driving Sentence to Period Undergone, Doubles Compensation

On 3 May 2001, at around 4:00 AM, the appellant was driving a private bus with many passengers when an elephant suddenly walked across the road and the bus rammed into it. Many passengers were injured and a five-year-old boy travelling with his parents suffered fatal injuries (para 10). Tried in Sessions Case No. 397 of 2006 before the 3rd Additional Sessions Judge, Fast Track Court No. 1, Thrissur, under Sections 304, 304A, 308 and 429 IPC, he was convicted under Sections 304A and 429 and acquitted under Sections 304 and 308 (paras 3-5). The trial court imposed one year's rigorous imprisonment and a fine of Rs.3,000 under Section 304A, and two months' simple imprisonment under Section 429 (para 6).

By its judgment of 17 October 2024, the High Court of Kerala partly allowed the appellant's criminal appeal: it affirmed the conviction, reduced the sentence from one year's rigorous imprisonment to three months' simple imprisonment and ordered compensation of Rs.1,00,000 to be paid (paras 2, 7). The Supreme Court granted leave (para 1). Having regard to the concurrent findings of the two courts below on the accusation of rash and negligent driving, it was ‘not inclined to disturb the same’ (para 11). However, ‘keeping in mind the fact that the incident is of 2001’, it held that the ends of justice would be met by reducing the sentence to the period already undergone (para 11). It also enhanced the compensation from Rs.1,00,000 to Rs.2,00,000, to be paid to the parents of the victim within eight weeks (para 11). The order does not state how long the appellant was in custody, who is to pay the compensation or the provision under which it is awarded, and it cites no decision.