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