The main criterion for deciding whether the driving which led to the accident was rash and negligent is not only the speed but the width of the road, the density of the traffic and the attempt, to overtake the other vehicles resulting in going to the wrong side of the road and being responsible for the accident.
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Even if the accident took place in the twinkling of an eye it is not difficult for an eye-witness to notice a car is overtaking other vehicles and going to the wrong side of the road and hitting a vehicle travelling on that side of the road.
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Having regard to enormous size of the State Transport Bus, even if it was proceeding at a fairly slow speed the momentum of its impact with the guard stones would be very great and the guard stones would certainly be dislodged.
Having regard to the width of a State Transport bus, the possibility of a pure error of judgment on the part of the driver accused in judging the space either on the left side or on the right side as he entered the bridge cannot be ruled out.
If he misjudged the space on the left-side, and is doing so went a little too far on the right side, once the wheels of the bus struck one guard stone after another on the right side, he would certainly loose control of the bus, particularly if at the time one of the tyres of the bus had burst. In the absence of any positive evidence of rashness or negligence, the possibility of the error of judgment cannot be ruled out. A pure error of judgment cannot amount to rashness or negligence.