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Documents citing The United India Insurance Co.Ltd vs Smt. Mary on 3 September, 2020

Smt. Suma.G vs Shri. Mohan on 11 June, 2021

9. The aforesaid finding cannot be sustained in the eye of law and it is not based on the evidence on record and as held by this Court in UNITED INDIA INSURANCE CO. LTD., supra, the finding with regard to contributory negligence cannot be based merely on police record and the 8 same has to be recorded on the basis of meticulous consideration of the pleadings and the evidence adduced by both the parties.
Karnataka High Court Cites 6 - Cited by 2 - Full Document

Channappa vs Muniswamy.G on 16 February, 2024

14. With due respect, I have gone through the propositions laid down in the aforesaid cases, wherein, it was observed that, "the law is fairly well settled that, the final report and admission of guilt by accused before criminal court are not decisive in a proceeding before the Tribunal. The Tribunal has to decide the claim petition, on the basis of the evidence, adduced before it, however parties, may rely upon police records, as corroborative piece of evidence. Further, observed that, the burden of proving negligence lies on the person, who alleges it. However, facts of the accident may by themselves constitute evidence of negligence. However, the finding with regard to contributory negligence has to be recorded, on the basis of proper consideration of pleadings and legal evidence adduced by both the parties, and the same cannot be based merely on police records" Heard the arguments of both the counsel, and perused the written arguments filed by the respondent No.2 and materials available on record.
Bangalore District Court Cites 6 - Cited by 0 - Full Document
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