Gulshan Kumar vs Balwinder Singh And Ors. on 27 September, 1984
"After having heard learned counsel for the parties and perusing the paper
book, this Court finds merit in the submission of the learned counsel for the
appellant. It is settled principle of law that while the judgment of the
criminal court pertaining to an accident is not relevant for adjudication of a
claim for compensation beyond the fact that the driver of the offending vehicle
was tried and convicted, any admission of guilt made by him in the course of
such a trial in the absence of any explanation or other material on record leads
to the only interpretation that the accident was caused due to rash and
negligent driving of the driver. This view is based on GULSHAN KUMAR v.
BALWINDER SINGH, 1986 ACJ 809 (P&H). As mentioned in the earlier part of the
judgment the driver of the offending vehicle pleaded guilty in the criminal
case. In view of admission of guilt without any explanation in the present
proceedings, a safe conclusion can be drawn that the accident was caused due to
rash and negligent driving of the offending vehicle."