New India Assurance Co.Ltd vs Bismillah Bai & Ors on 20 March, 2009
In the case of "New
India Assurance Co. Ltd. V. Bismillah Bai and
Ors" [supra], "Lachoo Ram and Ors v. Himachal
Road Transport Corpn." [supra] and "Oriental
Insurance Co. Ltd., V. Premlata Shukla and ors."
[supra], the Apex Court has laid down the legal
principle that unless rash and negligent driving
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10 fa3532.18
of the driver of the vehicle involved in the
accident is proved, the petition under Section 166
of the Motor Vehicles Act is not tenable. Only
because the vehicle is involved in the accident,
the owner and insurer of that vehicle cannot be
held liable to pay compensation, unless it is
shown that an accident was caused by rash and
negligent act of the driver of the vehicle
involved in the accident.