National Insurance Company Ltd. vs Smt. Pushpa Rana And Ors. on 20 December, 2007
He took a sudden U-turn and hit their car. Nothing material came
in the cross examination of PW-1 and PW-2 to draw an inference
that the accident did not occur due to rash and negligent driving of
offending dumper no.HR-69-5636 by respondent no.1. Further no
evidence contrary to this stand has been brought on record by the
respondents. The Hon'ble High Court of Delhi in a case titled as
2009 ACJ 287 National Insurance Company Limited Vs. Pushpa
Rana has held that where a petitioner files the certified copy of the
criminal record showing completion of investigation, issuance of
charge-sheet, certified copy of the FIR, all these documents are
sufficient proof to come to the conclusion that the driver was
negligent. Thus, it is established that the offending vehicle was
very much involved in the accident which ultimately led to the
injuries on the person of Smt. Deepti Kaur and Sh. Harpreet Singh
and the death of the foetus in the womb of Smt. Deepti Kaur. It is
also established that Respondent No.1 was driving the offending
vehicle in a rash and negligent manner on the day of accident
which was owned by Respondent no.2 and insured with
Respondent No.3. Thus, the issue no.1 is decided in favour of the
petitioners and against the Respondents No.1,2 and 3."