Rekha Gope Anr Ors vs The New India Assurance on 13 July, 2023
The decision of this Court in Diana George
(Chakraborty) (supra) that the proposition of Lachoo
Ram (supra) and Nishan Singh (supra) was observed to
be not applicable since in that case, the act of rash and
negligent driving by the driver of the offending vehicle
was established whereas in the case at hand, the
aspect of rash and negligent has not been established
by cogent evidence as discussed in the forgoing
paragraphs.