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Documents citing Smt. Minakshi Srivastava And 3 Others vs Dheeraj Pandey And 2 Others on 11 March, 2022

Deepak Sharma vs Jitendra Singh And 2 Ors. on 11 May, 2022

4. Learned counsel for the appellant submitted that learned Tribunal held that in the aforesaid accident the deceased was himself 100% negligent and the car driver was not negligent at all. Learned counsel submitted that there is crossing on the spot of the accident. The car driver was driving the car at a very high speed while the deceased was standing on his motorcycle on the side of the road. The car driver hit the motorcycle because he was driving rashly and negligently. Learned counsel attracted our attention towards the testimony of PW2, who is eye-witness of the accident and submitted that the eye-witness PW-2 has also stated that the deceased was standing on his motorcycle on the side of the road and the car driver dashed into the motorcycle due to high speed. In this way, the car driver was sole negligent but the learned Tribunal did not appreciate the evidence in right perspective. Learned counsel for the appellant relied on the judgement of this Court, penned by one of us, Smt. Meenakshi Srivastava Vs. Dheeraj Pandey and others 2022 0 Supreme (All) 318 decided on 11.03.2022.
Allahabad High Court Cites 18 - Cited by 0 - A Tyagi - Full Document

Smt. Ramo Devi And 3 Others vs Icici General Insurance Co. Ltd. And 2 ... on 30 May, 2022

12. Learned counsel for the appellants has relied on the aforesaid decision of this Court in Smt. Minakshi Srivastava (Supra), wherein it is held that once the owner has accepted the involvement of vehicle in accident, the Tribunal cannot dismiss the claim petition unless proved otherwise. In this case on hand, although in his testimony, the driver of the motorcycle has deposed that accident did not take place by his motorcycle but in his written statement he has stated that accident did not take place due to his negligence, accident occurred due to the negligence of the deceased by not complying with the traffic rules. Hence, when the factum of the accident is admitted by the driver, his evidence against the pleadings cannot be accepted.
Allahabad High Court Cites 22 - Cited by 0 - A Tyagi - Full Document
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