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Documents citing United India Insurance Co. Ltd. vs Kamlesh & Ors. on 9 August, 2017

Sunita Shukla vs Rahul Katyal on 9 July, 2024

17. Further, respondent No.1 did not adduce any evidence to divulge details about mode and manner of accident. It settled that if driver of offending vehicle does not enter the witness box, an adverse inference can be drawn against him as observed by Hon'ble High Court of India in the case of Cholamandlam insurance company Ltd. Vs. Kamlesh, 2009 (3) AD Delhi 310. In the present case also, driver did not enter into the witness box to controvert the claim of petitioner or even to explain circumstances of accident.
Delhi District Court Cites 28 - Cited by 0 - Full Document

Santosh Kumar vs Amit Nehra on 6 May, 2024

15. It may further be noted that in Cholamandlam insurance company Ltd. Vs. Kamlesh 2009 (3) AD Delhi 310, it was held that if driver of offending vehicle does not enter the witness box, an adverse inference can be drawn against him. In the present case also, driver did not enter into the witness box to controvert the claim of petitioner or even to explain circumstances of accident. There is nothing on record to suggest contributory negligence on the part of the auto-rickshaw in which petitioner was travelling hence the driver or owner of such auto-rickshaw is not necessary party nor failure to implead them is fatal to the case.
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Akhilesh Kumar (Dar) vs Shohail Sharma (263/20Jp) on 14 May, 2024

15. It is also settled that if driver of offending vehicle does not enter the witness box, an adverse inference can be drawn against him as observed by Hon'ble High Court of India in the case of Cholamandlam insurance company Ltd. Vs. Kamlesh 2009 (3) AD Delhi 310. In this case also, R-1 / driver has not adduced any evidence to controvert the affirmation on the part of claimant that the accident did not occur on account of any negligence on the part of Respondent no.1.
Delhi District Court Cites 28 - Cited by 0 - Full Document

Master Sartaz@Yahiya Ansari (Dar) vs Sarvesh Kumar (65/19Ppp) on 30 May, 2024

12. The driver of the offending vehicle has not entered the witness box or raised any defence to negate or refute the allegations of rash and negligent driving. It may further be noted that in Cholamandlam insurance company Ltd. Vs. Kamlesh 2009 (3) AD Delhi 310, it was held that if driver of offending vehicle does not enter the witness box, an adverse inference can be drawn against him. In the present case also, driver did not enter into the witness box to controvert the claim of petitioner or even to explain circumstances of accident.
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