Kumari Mamta And Anr. vs Sardar Baljeet Singh And Anr. on 13 October, 2004
21. Sofar as issues burden of proof, rash and negligent driving of the driver, contributory negligence and impleadment of driver as a necessary party, as well as liability of the Insurance Company are concerned, the learned Counsel has referred to the decisions given in Smt. Chhotudi and Ors. v. Ganpat Ram and Anr. 1998 (2) T.A.C. 432 (Raj.); Kumar Mohamed Rafique (since deceased) by his heirs v. Municipal Corporation of Greater Bombay II (1986) ACC 42; Ram Pyari and Ors. v. Bharat Singh and Ors. II (1996) ACC 162; New India Assurance Co. Ltd. v. Jagannath Singh and Ors. ; Shanti and Ors. v. Kastoora and Ors. 1988 (1) T.A.C. 548; and Makbool Ahmed and Ors. v. Bhura Lal and Ors. II (1986) ACC 233 : 1986 ACJ 219.