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The accused driver of a truck while driving on the left side i.e., his side of the road, sees a cyclist coming from the opposite direction, but on the wrong side of the road i.e. in the lane on which the truck was being driven; the road being narrow and the truck driver sensing that the cyclist was peddling negligently, maneuvers his truck on the opposite lane and simultaneously the cyclist suddenly moves to his lane and as a result the truck over-runs the cyclist, causing the death of cyclist. The truck driver is not guilty of the offence of causing death by rash and negligent act because:

The accused driver of a truck while driving on the left side i.e., his side of the road, sees a cyclist coming from the opposite direction, but on the wrong side of the road i.e. in the lane on which the truck was being driven; the road being narrow and the truck driver sensing that the cyclist was peddling negligently, maneuvers his truck on the opposite lane and simultaneously the cyclist suddenly moves to his lane and as a result the truck over-runs the cyclist, causing the death of cyclist. The truck driver is not guilty of the offence of causing death by rash and negligent act because: Correct Answer The truck driver upon seeing the risk tried to avoid the risk

To establish the offense of causing death by a rash and negligent act, it is necessary to prove that the accused had a rash or negligent act and that act resulted in the death of a person. However, in this scenario, the truck driver, upon seeing the cyclist coming from the wrong side of the road, took evasive action by maneuvering his truck onto the opposite lane to avoid a collision. It was the sudden movement of the cyclist into the truck driver's lane that caused the accident and subsequent death of the cyclist.

The truck driver's actions in trying to avoid the risk demonstrate that he acted with caution and attempted to prevent the accident. In this case, the truck driver's conduct does not fulfill the criteria of a rash or negligent act, as he took reasonable steps to avoid the collision.

Therefore, the correct answer is:
C. The truck driver, upon seeing the risk, tried to avoid the risk

Related Questions

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A passage is given with 5 questions following it. Read the passage carefully and choose the best answer to each question out of the four alternatives.
I had seen this road many years ago when my parents moved to Mundakotukurussi, our ancestral village. However, in those early years, I hadn't begun exploring the countryside. I stored the unknown road in my head under 'One Day I Will'. Ten years ago, when I recovered from a herniated disc, it was to discover that I had a useless left leg. Though I managed to lose the limp, I hated not being able to stride around as I used to. I needed a challenge to tell myself that I wasn't going to buckle to a creature called sciatica. Thus the 'One Day I Will' arrived. "Where does the road by the medical shop lead to?" I asked my parents while visiting them next. "Chalavara," they said. "It's not an easy road to walk on," my father added. "There are too many ups and downs." Chalavara was a superior grade of a village as compared to Mundakotukurussi, with a high school, a fine library, ATMs and several shops. But it also has two approach roads. The one I had chosen was a narrow back road used by the locals and that settled it for me. I needed to know for myself I could walk a road that wasn't going to be easy. And the next day, I would get up and walk that road again.
What is 'sciatica'?
A passage is given with 5 questions following it. Read the passage carefully and choose the best answer to each question out of the four alternatives.
I had seen this road many years ago when my parents moved to Mundakotukurussi, our ancestral village. However, in those early years, I hadn't begun exploring the countryside. I stored the unknown road in my head under 'One Day I Will'. Ten years ago, when I recovered from a herniated disc, it was to discover that I had a useless left leg. Though I managed to lose the limp, I hated not being able to stride around as I used to. I needed a challenge to tell myself that I wasn't going to buckle to a creature called sciatica. Thus the 'One Day I Will' arrived. "Where does the road by the medical shop lead to?" I asked my parents while visiting them next. "Chalavara," they said. "It's not an easy road to walk on," my father added. "There are too many ups and downs." Chalavara was a superior grade of a village as compared to Mundakotukurussi, with a high school, a fine library, ATMs and several shops. But it also has two approach roads. The one I had chosen was a narrow back road used by the locals and that settled it for me. I needed to know for myself I could walk a road that wasn't going to be easy. And the next day, I would get up and walk that road again.
Where did the forefathers of the writer live?
A passage is given with 5 questions following it. Read the passage carefully and choose the best answer to each question out of the four alternatives.
I had seen this road many years ago when my parents moved to Mundakotukurussi, our ancestral village. However, in those early years, I hadn't begun exploring the countryside. I stored the unknown road in my head under 'One Day I Will'. Ten years ago, when I recovered from a herniated disc, it was to discover that I had a useless left leg. Though I managed to lose the limp, I hated not being able to stride around as I used to. I needed a challenge to tell myself that I wasn't going to buckle to a creature called sciatica. Thus the 'One Day I Will' arrived. "Where does the road by the medical shop lead to?" I asked my parents while visiting them next. "Chalavara," they said. "It's not an easy road to walk on," my father added. "There are too many ups and downs." Chalavara was a superior grade of a village as compared to Mundakotukurussi, with a high school, a fine library, ATMs and several shops. But it also has two approach roads. The one I had chosen was a narrow back road used by the locals and that settled it for me. I needed to know for myself I could walk a road that wasn't going to be easy. And the next day, I would get up and walk that road again. What disability did the writer suffer due to the herniated disc?