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1 - 6 of 6 (0.66 seconds)The New India Assurance Co. Ltd vs Pazhaniammal on 20 July, 2011
3. Learned counsel for the appellant contended that,
the findings of the Tribunal had no basis on the materials on
record and on the evidence available. Reliance was placed
on the decision of a Division Bench of this court in New
India Assurance Co. Ltd. V. Pazhaniammal (2011
(3) KLT 648) wherein it is held that, production of police
chargesheet is prima facie sufficient evidence to prove the
negligence for the purpose of a claim under Section 166 of
the Motor Vehicles Act. According to learned counsel, the
appellant had discharged the prima facie burden of proving
MACA No.1598/2017 -4-
the negligence on the part of the driver of the bus and the
said evidence remains unrebutted since no contra evidence
was adduced from the side of the respondents. It is further
contended that, the Tribunal had failed in appreciating the
fact that the accident was caused only due to the abrupt
braking of the bus which was being driven in a tremendous
speed.
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 337 in The Indian Penal Code, 1860 [Entire Act]
Section 338 in The Indian Penal Code, 1860 [Entire Act]
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