part of the said scooter, assuring the complainant that scooter
would give the trouble free service henceforward. The manufacturing
defect in the scooter ... cannot be manufacturing defect. No expert evidence was led by the
complainant to prove the manufacturing defect in the scooter. We
further rely upon
record to hold that any of this particular scooter had manufacturing defect and did not satisfy the assured mileage. In the absence of any evidence ... inspite of several efforts to rectify the defects, the manufacturer would be liable to either replace the scooter by a new one or to refund
scooter in
question nor he took any action against the owner of the scooter yet it cannot be
said that for carelessness, slackness or defect ... riding the scooter in question
and then recovered 800 gms of charas from the dicky of the scooter of the
accused. In fact Samunder Singh
accident was due to the rash and
negligent driving of the offending scooter by its rider, the
petitioners have produced ... goes to
show that there was no mechanical defect in the offending scooter
to cause the accident. By producing all these documents and
evidence
four doors were operated normally, therefore, there were no manufacturing defects found in any component of the vehicle. From the perusal of the expert reports ... Similarly in the case of Scooter India Ltd. (supra) the complainant failed to discharge onus of proving manufacturing defect. In view of the above, this
four doors were operated normally, therefore, there were no manufacturing defects found in any component of the vehicle. From the perusal of the expert reports ... Similarly in the case of Scooter India Ltd. (supra) the complainant failed to discharge onus of proving manufacturing defect. In view of the above, this
four doors were operated normally, therefore, there were no manufacturing defects found in any component of the vehicle. From the perusal of the expert reports ... Similarly in the case of Scooter India Ltd. (supra) the complainant failed to discharge onus of proving manufacturing defect. In view of the above, this
evidence
available on record, it was proved that there was no manufacturing
defect in the vehicle. In the instant case, as is stated above ... case of
Villinur Associates and another (supra), the defects in the scooter
were of minor nature and which had already been rectified and the
allegation
suffered
permanent disability.
11. The respondents have not examined the rider of
Scooter bearing No.KA-02-L-7203 to rebut the evidence ... mechanical defects of the vehicle. The police have filed
chargesheet against the rider of Scooter bearing No.KA-02-L-7203
for causing grievous injury
negligence of the rider of scooter. IMV report reveals that
there were no damages on the scooter, but that itself is not a
ground ... chargesheet and to hold the chargesheet is collusive or defective.
Brake system of the scooter was in order and it is opined
