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Documents citing New India Assurance Co. Ltd. vs Dhanesh Kumar And Ors. on 29 March, 1993

Sh. Amra Ram (Aged About 32 Years) vs Sh. Shamsher Singh on 16 February, 2008

11 Not only this, petitioner has placed on record 7 certified copies of records of criminal case as Ex. PW1/2 collectively. Perusal of the certified copies of records of criminal case reveals that criminal law was set in motion vide DD No. 18-A. MLC reveals that Amra Ram sustained injuries in a road traffic accident. Site plan reveals that driver of bus no. DL-1PB-0716 caused the accident with Amra Ram, petitioner. Perusal of site plan reveals that case was registered against the driver of bus no. DL-1PB-0716 U/s 279/338 IPC. Medical records corroborate the version of the petitioner concerning sustainment of injuries and thus it can be said that from the records of criminal case also an inference about rashness and negligence can be drawn on the part of respondent no.1. Respondent no.1 has not stepped in the witness box for which an adverse inference has to be drawn against him. Reliance is placed on New India Assurance Company Vs. Dhanesh Kumar reported as 1 (1994) ACC 561 Delhi.
Delhi District Court Cites 10 - Cited by 0 - Full Document

Smt. Roshni Devi W/O Sh. Vijay Kumar vs Sh. Naresh Kumar on 6 February, 2008

11 Petitioner has placed on record the records of criminal case. Ex. PW1/71 is the FIR which has been lodged at the instance of the petitioner. In the FIR rashness and negligence has been imputed on the driver of the truck, by the petitioner. Other records of the criminal case go to show that respondent no.1 was arrested in the criminal case and was challaned. This fact corroborates the version of the petitioner discussed above. Respondent no.1 has not stepped in the witness box and an adverse inference has to be drawn against him concerning rashness and negligence on his part. Reliance is placed on New India Assurance Co. Ltd. Vs. Dhanesh Kumar and ors. reported in I (1994) ACC 561. (DHC). 8 12 In view of the above going discussion I have no hitch in observing that petitioner has proved the issue regarding rashness and negligence.
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Mohd. Abdul Rehman vs Har Dayal Singh on 4 January, 2008

9 Petitioner in context of this issue has tendered his affidavit Ex. PW1/X. In para no.1 of the same he has testified that he had travelled in bus no. DL-1PB-0727 and had de- boarded the the same at local bus stand ISBT, Kashmere Gate and he had walked hardly 2/3 steps when the driver of the bus drove the bus rashly and negligently and took a sharp turn. That consequent to the same front wheel of the bus crushed his feet, as a result of which he received fracture in left leg. The above mentioned version in para no.1 has gone unchallenged and uncontroverted and for this reason itself issue no.1 has to be decided in favour of the petitioner. 10 Petitioner has also placed on record certified copies of records of criminal case, in which the conclusion of rashness and negligence on the part of the driver of the bus has been arrived at. MLC of the petitioner also substantiate the conclusion arrived at above by me. Non-stepping of the driver of the bus in the witness box also goes against the 6 respondents in view of the mandate of New India Assurance Co. Ltd. Vs. Dhanesh Kumar and ors. reported in I (1994) ACC 561.
Delhi District Court Cites 7 - Cited by 0 - Full Document

Ram Avtar Kashyap vs Sh. Nirdosh Kumar S/O Sh. Sheetal Dutt ... on 24 March, 2008

11 My conclusion drawn above stands substantiated from the fact that driver of tempo has not stepped into the witness box for which an adverse inference has been withdrawn against him. New India Assurance Company Ltd vs. Dhanesh Kumar and Anothers reported in 1(1999) ACC 561. Therefore issue of rashness and negligence is decided in favour of the petitioners and against the respondents. 12 As issue of rashness and negligence stand decided in favour of the petitioners, decision of issue in suit no. 15/07 goes automatically in favour of the claimants for the reason that bigger contains the smaller in it. In suit no. 15/07 question to be decided was as to whether the death of Smt. Reshmi arose out of huge of no UP-16B-4722. FIR no. 223/06 categorically establishes that death of Smt. Reshmi took place on account of sustainment of accidental injuries on 27.11.06. Therefore, there is no hitch in deciding the issue in favour of the claimants. I order accordingly.
Delhi District Court Cites 7 - Cited by 0 - Full Document
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