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Documents citing R.S.R.T.C. vs Lal Chand Meena . on 1 December, 2015

Shyama Devi And Ors vs Nemi Chand And Ors on 16 September, 2020

This Court takes note of the fact that once the documents prepared by the police authorities wherein challan was filed against the driver of the vehicle and which documents have been held to be admissible in evidence by this Court in R.S.R.T.C. vs. Nand Lal, ACTC 2001 (Raj.) 489, the burden shifted on the insurance company, owner and driver of the vehicle. The insurance company in the present case has not called any witnesses so as to (Downloaded on 16/09/2020 at 08:50:56 PM) (27 of 28) [CMA-878/2012] question the implication of the vehicle in question. The learned Tribunal had no reason not to accept the story given by the claimants supported by the charge-sheet filed by the police. The charge-sheet filed by the police is an unrefuted document. The insurance company has made no efforts whatsoever to counter the same or to produce any documentary evidence or to call the investigating officer or any person, which could discharge the burden of proof which shifted upon the insurance company due to the preponderance of possibility. Thus, no interference is called for in the impugned judgment at the instance of the appellant insurance company.
Rajasthan High Court - Jodhpur Cites 18 - Cited by 0 - P S Bhati - Full Document

The New India Assurance Co. Ltd vs Smt. Pankaj Mehta And Ors on 25 October, 2024

"In the present case, there is no indication to reflect that the investigating officer was ever called or any document whatsoever was led by the insurance company to refute the prosecution story. This Court takes note of the fact that once the documents prepared by the police authorities wherein challan was filed against the driver of the vehicle and which documents have been held to be admissible in evidence by this Court in R.S.R.T.C. vs. Nand Lal, ACTC (Downloaded on 26/10/2024 at 11:18:53 PM) [2024:RJ-JD:42011] (23 of 33) [CMA-2666/2017] 2001 (Raj.) 489, the burden shifted on the insurance company, owner and driver of the vehicle. The insurance company in the present case has not called any witnesses so as to question the implication of the vehicle in question. The learned Tribunal had no reason not to accept the story given by the claimants supported by the charge-sheet filed by the police. The charge-sheet filed by the police is an unrefuted document. The insurance company has made no efforts whatsoever to counter the same or to produce any documentary evidence or to call the investigating officer or any person, which could discharge the burden of proof which shifted upon the insurance company due to the preponderance of possibility. Thus, no interference is called for in the impugned judgment at the instance of the appellant insurance company."
Rajasthan High Court - Jodhpur Cites 21 - Cited by 0 - N Bhati - Full Document

Smt. Pankaj Mehta And Ors vs Pawandeep Singh And Ors on 25 October, 2024

"In the present case, there is no indication to reflect that the investigating officer was ever called or any document whatsoever was led by the insurance company to refute the prosecution story. This Court takes note of the fact that once the documents prepared by the police authorities wherein challan was filed against the driver of the vehicle and which documents have been held to be admissible in evidence by this Court in R.S.R.T.C. vs. Nand Lal, ACTC (Downloaded on 26/10/2024 at 11:18:44 PM) [2024:RJ-JD:42011] (23 of 33) [CMA-2666/2017] 2001 (Raj.) 489, the burden shifted on the insurance company, owner and driver of the vehicle. The insurance company in the present case has not called any witnesses so as to question the implication of the vehicle in question. The learned Tribunal had no reason not to accept the story given by the claimants supported by the charge-sheet filed by the police. The charge-sheet filed by the police is an unrefuted document. The insurance company has made no efforts whatsoever to counter the same or to produce any documentary evidence or to call the investigating officer or any person, which could discharge the burden of proof which shifted upon the insurance company due to the preponderance of possibility. Thus, no interference is called for in the impugned judgment at the instance of the appellant insurance company."
Rajasthan High Court - Jodhpur Cites 21 - Cited by 0 - N Bhati - Full Document

Smt. Vimla Devi And Ors vs Pawandeep Singh And Ors on 25 October, 2024

"In the present case, there is no indication to reflect that the investigating officer was ever called or any document whatsoever was led by the insurance company to refute the prosecution story. This Court takes note of the fact that once the documents prepared by the police authorities wherein challan was filed against the driver of the vehicle and which documents have been held to be admissible in evidence by this Court in R.S.R.T.C. vs. Nand Lal, ACTC (Downloaded on 26/10/2024 at 11:18:42 PM) [2024:RJ-JD:42011] (23 of 33) [CMA-2666/2017] 2001 (Raj.) 489, the burden shifted on the insurance company, owner and driver of the vehicle. The insurance company in the present case has not called any witnesses so as to question the implication of the vehicle in question. The learned Tribunal had no reason not to accept the story given by the claimants supported by the charge-sheet filed by the police. The charge-sheet filed by the police is an unrefuted document. The insurance company has made no efforts whatsoever to counter the same or to produce any documentary evidence or to call the investigating officer or any person, which could discharge the burden of proof which shifted upon the insurance company due to the preponderance of possibility. Thus, no interference is called for in the impugned judgment at the instance of the appellant insurance company."
Rajasthan High Court - Jodhpur Cites 21 - Cited by 0 - N Bhati - Full Document

The New India Assurance Co. Ltd vs Vimla Devi And Ors on 25 October, 2024

"In the present case, there is no indication to reflect that the investigating officer was ever called or any document whatsoever was led by the insurance company to refute the prosecution story. This Court takes note of the fact that once the documents prepared by the police authorities wherein challan was filed against the driver of the vehicle and which documents have been held to be admissible in evidence by this Court in R.S.R.T.C. vs. Nand Lal, ACTC (Downloaded on 26/10/2024 at 11:18:47 PM) [2024:RJ-JD:42011] (23 of 33) [CMA-2666/2017] 2001 (Raj.) 489, the burden shifted on the insurance company, owner and driver of the vehicle. The insurance company in the present case has not called any witnesses so as to question the implication of the vehicle in question. The learned Tribunal had no reason not to accept the story given by the claimants supported by the charge-sheet filed by the police. The charge-sheet filed by the police is an unrefuted document. The insurance company has made no efforts whatsoever to counter the same or to produce any documentary evidence or to call the investigating officer or any person, which could discharge the burden of proof which shifted upon the insurance company due to the preponderance of possibility. Thus, no interference is called for in the impugned judgment at the instance of the appellant insurance company."
Rajasthan High Court - Jodhpur Cites 21 - Cited by 0 - N Bhati - Full Document

The New India Assurance Co. Ltd vs Smt. Jubeda Bano And Ors on 25 October, 2024

"In the present case, there is no indication to reflect that the investigating officer was ever called or any document whatsoever was led by the insurance company to refute the prosecution story. This Court takes note of the fact that once the documents prepared by the police authorities wherein challan was filed against the driver of the vehicle and which documents have been held to be admissible in evidence by this Court in R.S.R.T.C. vs. Nand Lal, ACTC (Downloaded on 26/10/2024 at 11:18:45 PM) [2024:RJ-JD:42011] (23 of 33) [CMA-2666/2017] 2001 (Raj.) 489, the burden shifted on the insurance company, owner and driver of the vehicle. The insurance company in the present case has not called any witnesses so as to question the implication of the vehicle in question. The learned Tribunal had no reason not to accept the story given by the claimants supported by the charge-sheet filed by the police. The charge-sheet filed by the police is an unrefuted document. The insurance company has made no efforts whatsoever to counter the same or to produce any documentary evidence or to call the investigating officer or any person, which could discharge the burden of proof which shifted upon the insurance company due to the preponderance of possibility. Thus, no interference is called for in the impugned judgment at the instance of the appellant insurance company."
Rajasthan High Court - Jodhpur Cites 21 - Cited by 0 - N Bhati - Full Document
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