reason that when a driver of the vehicle, decides to overtake a vehicle, proceeding ahead of him, it is for him, to ascertain ... opposite direction, and whether there is sufficient time and space to overtake the vehicle ahead of him. Merely because, there is a head on collision
vehicle
traveling in the same direction, and this is not
forbidden The driver of the overtaken vehicle is
entitled to assume that the overtaking vehicle ... Duties of Overtaking Vehicle
(i) The operator of a motor vehicle who wishes to
over take and pass a vehicle preceding him must
exercise vigilance
without saying that drivers of automatically propelled vehicles, when attempting to overtake vehicles going ahead of them, ought to wait for proper opportunity viz., slackness ... order to ascertain that it would be safe for them to overtake the vehicle moving ahead of them. A further duty is cast on them
overtaking of the car by the accused, and another
before the Court that the accused was not overtaking the vehicle.
Both these statements cannot stand
held that the drivers of automatically
propelled vehicles, when attempting to overtake
vehicles going ahead of them should wait for the proper
opportunity viz., slackness ... saying that the drivers of
automatically propelled vehicles, when attempting
to overtake vehicles going ahead of them, ought to
wait for the proper opportunity
overtaking another vehicle has to be more careful and
primary liability to avoid accident is always upon vehicle which is overtak-
ing. In the present ... overtaking another vehicle and the
vehicle going in front increases speed, it will not result in accident unless
vehicle overtaking fails to take estimate
that time, the
driver of the said vehicle in order to overtake other vehicle lost
control over the vehicle and due to that, the vehicle ... vehicle in
order to overtake other vehicle lost
control over the said vehicle and due
to that, the vehicle got turtle
between vehicle A and vehicle B, vehicle C
crashed into vehicle B. Unable to foresee a collision of vehicle
A , B and C, vehicle ... vehicle B with vehicle A or
vehicle C. Though, vehicle B did not directly hit vehicle E, it is
due to prima facie negligence
denied by
respondent no.5 (driver of vehicle B) that such driver of vehicle
B was overtaking vehicle C at the time when collision with ... while overtaking vehicle C by vehicle B
that vehicle B crashed into vehicle A and further led it to collide
with vehicle C. Section
right side of the offending vehicle is consistent with the
offending vehicle trying to overtake the victim vehicle from the left side and
nudging/bumping ... have deposed that the offending vehicle
was coming from behind the victim vehicle and was trying to overtake the victim
1
supra
2
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