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United India Insurance Company vs Amir Basha on 19 December, 2002
Vijayalakshmi vs Sivakumar on 17 March, 2021
Smt. Jai Rani Devi W/O Late Sh. Ram Sewak vs Sh. Major Singh S/O Sh. Chaman Singh on 20 February, 2008
In case of United India Insurance Company Ltd. Vs. Amir
Basha & Ors. III 2003 ACC 104, (DB) it was held that ;
"It is also relevant to refer a recent judgment of
the Supreme Court in Kaushnuma Begum Vs.
New India Assurance Co. Ltd., I (2001) SLT
300=I (2001) ACC 151=2001 ACJ 428. In that
case, a front tyre of a jeep burst while in motion.
The vehicle became became unbalance and
turned turtle, crushing to death a person walking
on the road. The Tribunal after holding that
there was neither rashness nor negligence in
driving the vehicle, hence the driver has no
liability and as such the owner has no vicarious
liability to pay compensation to the dependants of
the deceased and ultimately dismissed the claim
petition, but awarded compensation under no
fault liability. The order of the Tribunal was
upheld by the High Court, against which the
claimants preferred an appeal to the Supreme
Court.
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