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Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 8 January, 2021

In view of the directions contained in order dated 18.01.2018 of Hon'ble Mr. Justice J.R. Midha in FAO no. 842/2003 titled as Rajesh Tyagi vs Jaibir Singh, statement of petitioner was also recorded on 22.10.2022 wherein she had stated that she was entitled to exemption from LRs of Prabha Trehan Vs. Major Singh & Ors. Page 87 of90 LRs of Chhavineet Trehan Vs. Major Singh & Ors. Page 88 of90 deduction of TDS and that she would submit form 15G to insurance co. so that no TDS is deducted.

Syad Akbar vs State Of Karnataka on 25 July, 1979

12.13 In the light of afore cited opinion expressed by Hon'ble Supreme Court of India in the decided cases of Ravi Kapur vs State Of Rajasthan(supra) and Sayad Akbar vs. State of Karnataka(supra) as well as in the light of opinion expressed by Hon'ble High Court of Delhi in the decided cases of National Insurance Co. Ltd. vs Gita Bindal & Ors. (supra), it can be safely concluded that although in certain cases there may be no reliable eye witness available to depose on the factum of negligence of the driver of the offending vehicle, however, the accident speaks for itself and appears to have occurred in such a manner that it could not have happened except for the reason of negligence of the driver under whose management and care the vehicle was being plied on the road at the time of occurrence of the alleged accident.
Supreme Court of India Cites 13 - Cited by 525 - R S Sarkaria - Full Document

National Insurance Co. Ltd. vs Gita Bindal & Ors. on 12 October, 2012

12.13 In the light of afore cited opinion expressed by Hon'ble Supreme Court of India in the decided cases of Ravi Kapur vs State Of Rajasthan(supra) and Sayad Akbar vs. State of Karnataka(supra) as well as in the light of opinion expressed by Hon'ble High Court of Delhi in the decided cases of National Insurance Co. Ltd. vs Gita Bindal & Ors. (supra), it can be safely concluded that although in certain cases there may be no reliable eye witness available to depose on the factum of negligence of the driver of the offending vehicle, however, the accident speaks for itself and appears to have occurred in such a manner that it could not have happened except for the reason of negligence of the driver under whose management and care the vehicle was being plied on the road at the time of occurrence of the alleged accident.
Delhi High Court Cites 13 - Cited by 87 - J R Midha - Full Document

Usha Rajkhowa & Ors vs M/S Paramout Industries & Ors on 17 February, 2009

"16. So far as the issue of "contributory negligence" is concerned, we may notice that the tribunal has deducted 1/3rd from the total compensation on the ground that deceased had contributed to the accident. The same, we find, has been upheld by the High Court. This court in Usha Rajkhowa and Ors. v. Paramount Industries and Ors. [ Civil Appeal No. 1088 of 2009(arising out of SLP(C) No. 16647 of 2008)] discussed the issue of contributory negligence noticing, inter alia, earlier decisions on the same topic. It was held that :
Supreme Court of India Cites 1 - Cited by 40 - V S Sirpurkar - Full Document

Pramodkumar Rasikbhai Jhaveri vs Karmasey Kunvargi Tak & Ors on 5 August, 2002

" 10. The question of contributory negligence on the part of the driver in case of collision was considered by this court in LRs of Prabha Trehan Vs. Major Singh & Ors. Page 70 of90 LRs of Chhavineet Trehan Vs. Major Singh & Ors. Page 71 of90 Pramodkumar Rasikbhai Jhaveri v. Karmasey Kunvargi Tak and Ors. reported in (2002) 6SCC 455. That was also a case of collision in between a Car and a truck. It was observed in Para 8:
Supreme Court of India Cites 0 - Cited by 132 - K G Balakrishnan - Full Document
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