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Ashok Kumar vs Smt. Chhinamalu M. And 3 Ors. on 19 April, 2022

The learned Counsel for the appellant has further relied on the decisions of the Apex Court in the case of Anisa Begum mother of deceased Vs. Oriental Insurance Company Lted and others, F.A.F.O. No.1418 of 2007, decided on 23.3.2022 and the same would enure for the benefit of the appellant also and the decision in Anoop Maheshwari Vs. Shiv Kumar Singh and others, FAFO No.3750 of 2009, decided on 7.3.2022 will also enure for the benefit of the appellant. It is also submitted that only Rs. 50,000/- was awarded for pain shock suffering and a very meagre amount of Rs. 20,000/- was awarded for loss of amenities.
Allahabad High Court Cites 16 - Cited by 0 - A Tyagi - Full Document

Akyamma vs Basavaraju K N on 19 June, 2025

17. The Hon'ble Allahabad High Court in Anoop Maheshwari v. Shiv Kumar Singh & Others, 2022 SCC OnLine All 1181, held that the burden of proving contributory negligence lies upon the respondents. It is the duty of the driver of the offending vehicle to explain the accident. In the present case, the driver of offending vehicle has not entered the witness box to offer any explanation. As the driver is the only person with special knowledge of the facts, his failure to testify significantly weakens the respondents' case. Along with this if we perused the Ex.P3 inquest and Ex.P4 post mortem report it is evident that the death of deceased Sri. Manjunath is SCCH-17 12 MVC 4338/2024 due to shock and haemorrhages as a result of multiple injuries sustained by him at the time of accident. In the absence of such crucial evidence and considering the corroboration from the charge sheet, this Court finds no reason to disbelieve the version of the petitioner. Accordingly, Issue No.1 is answered in the Affirmative.
Bangalore District Court Cites 12 - Cited by 0 - Full Document

Niveditha C vs Kumar Y on 16 October, 2025

17. The Hon'ble Allahabad High Court in Anoop Maheshwari v. Shiv Kumar Singh & Others, 2022 SCC OnLine All 1181, held that the burden of proving contributory negligence lies upon the respondents. It is the duty of the driver of the offending vehicle to explain the accident. In the present case, the driver of offending vehicle has not entered the witness box to offer any explanation. As the driver is the only person with special knowledge of the facts, his failure to testify significantly weakens the respondents' case. Along with this if we SCCH-17 12 MVC 3264/2025 perused the Ex.P11 inquest and Ex.P12 & 13 post mortem report with FSL report it is evident that the death of deceased Sri. Kiran Kumar K. is due to shock and haemorrhages as a result of Brain damage consequent to traumatic head injury sustained by him at the time of accident. In the absence of such crucial evidence and considering the corroboration from the charge sheet, this Court finds no reason to disbelieve the version of the petitioners. Accordingly, Issue No.1 is answered in the Affirmative.
Bangalore District Court Cites 7 - Cited by 0 - Full Document
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