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1 - 6 of 6 (0.29 seconds)New India Assurance Co. Ltd. vs Dhanesh Kumar And Ors. on 29 March, 1993
11 My conclusion drawn above stands substantiated from the fact
that driver of tempo has not stepped into the witness box for which an
adverse inference has been withdrawn against him. New India Assurance
Company Ltd vs. Dhanesh Kumar and Anothers reported in 1(1999)
ACC 561. Therefore issue of rashness and negligence is decided in favour of
the petitioners and against the respondents.
12 As issue of rashness and negligence stand decided in favour of
the petitioners, decision of issue in suit no. 15/07 goes automatically in
favour of the claimants for the reason that bigger contains the smaller in it. In
suit no. 15/07 question to be decided was as to whether the death of Smt.
Reshmi arose out of huge of no UP-16B-4722. FIR no. 223/06 categorically
establishes that death of Smt. Reshmi took place on account of sustainment
of accidental injuries on 27.11.06. Therefore, there is no hitch in deciding the
issue in favour of the claimants. I order accordingly.
Section 163 in The Motor Vehicles Act, 1988 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
The Indian Penal Code, 1860
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