Standard Scooters, Nekpur, Fatehpur (Authorized Agent) were jointly and severally directed to provide a new scooter in place of the defective one or refund ... dealer, can not be held liable for any manufacturing defect in the scooter for which the manufacturer is only liable and in support
been dismissed, with the finding that his
allegation regarding manufacturing defect, in the
scooter, purchased by him from respondent No.1,
does not stand proved ... denied that there was any
defect, much less a manufacturing defect in the
scooter. It was stated that once the appellant had
complained about some
opposite party is the manufacturer of the Scooter. Within a few months after purchase the Scooter became defective and the first opposite party
with stolen scooter of said description.
3. From the testimony of PW-02 HC Hukum Chand, it is clear that one
scooter without number plate ... Mool Chand, it is further clear
that on 01.04.1999 one scooter having defective number plate was
impounded by the Traffic police of Darya Ganj circle
vehicle were also defective and were replaced
on the number of occasions. Further, certain parts of the scooter also
Suit no. 395/14 Kiran Kriplani ... money spent by the plaintiff in purchase of the
scooter as the defects suggested did not exists. As far as the mileage is
concerned
that the Scooter in issue was being driven by him, however, his
stand was that he was not driving the aforesaid Scooter in a rash ... categorically
stated that there was no mechanical defect either in the Scooter or in the
rt
truck. Besides this, the Investigating Officer, who entered
Mark-F where the bus had hit the scooter
and spot Mark-G till where the scooter was dragged by the bus.
rt
Sarup ... report in respect of both the bus and scooter,
categorically stated that there was no mechanical defect in either of
the two vehicles
Gian Chand, Mechanic, has found that there
was no mechanical defect in the Scooter. The injured Kabo Devi,
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mechanical defects of the vehicles. Looking to the
damages caused to the vehicles, it can be said that the scooter
went and dashed against right ... investigation
done by the police is defective or collusive. The petitioners have not
examined the rider of scooter or any other eye witness named
there were 3 persons on the scooter, that it was overloaded, that it
was night time and the scooter was ridden on the middle ... sufficient to
hold that the rider of scooter was negligent and charge sheet is
defective or collusive. The driver of the car was the best
