High Court Madras High Court

In Re: Hawkins, General Manager, … vs Unknown on 30 July, 1915

Madras High Court
In Re: Hawkins, General Manager, … vs Unknown on 30 July, 1915
Equivalent citations: 30 Ind Cas 444
Bench: Ayling, Tyabji


ORDER

1. In making die reference the Presidency Magistrate should have distinctly formulated the questions of law which he referred for our opinion.

2. So far as we can deduce them from his letter of reference, they are two in number.

(1) Whether the term ‘every person’ in Section 33 of Act IX of 1910 is confined to persons licensed under Parts II and III of the Act?

(2) Whether Section 33 is confined to cases in which the accident actually results in personal injury or death?

3. Our answer to both questions is “No.” As regards the second we may add that the wording of the section is perfectly clear and specifies cases likely to have resulted in loss of life or personal injury as well as those which actually so resulted. Whether such a result was likely in any case in which it did not actually ensue is a question of fact to be determined with reference to the surrounding circumstances.