History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.952.3

v4.c63.952.3

when the nose-string of bulls yoked to a cart snaps, when the yoke breaks, when the cart swerves on one side owing to the unevenness of the ground, when the axle or wheel breaks or when the leather thongs with which the several parts of the cart are tied give way, or when the rope cast round the necks of bulls or the reins break or when in spite of the driver loudly calling upon a person to move aside from the way an accident occurs. But Manu VIII. 293, 294 (=Matsya 227. 95-96) provide that where through the want of skill of the driver knowingly engaged by a master the cart is overturned and injury is caused, the master should be fined 200 paṇas, but if the driver employed be known to be skilful, then when injury is caused the driver should be fined (and not the employer). Further if the driver, though seeing that the road is blocked by cattle or other carts, rashly drives and kills men and animals he should be punished (Manu VIII. 295). It is stated by Nār. (pāruṣya 32, S. B. E. vol. 33 p. 212) that the father is not liable for his son's offence, nor is the owner of a horse, dog or ape liable to punishment (for injury caused by any of these) provided they are not set up (to do harm) by the owner. If a driver kills a man by rash or negligent driving he is to be punished like a thief; if he kills any one of the larger animals (such as a cow, a horse, a camel or elephant) the punishment would be half of the preceding;