take
possession of the vehicle. It was further stated that the complainant
company was not aware that the vehicle was defected. It was
further stated ... vehicle loan and all
documents with respect to the same have been placed on record
and the factum of vehicle being defective have no nexus
defective. He further deposed that
he did not take any photographs of the defective number plate. He denied the
suggestion that the offending vehicle ... fall on the route of the offending vehicle.
Also, the number plate of the offending vehicle was defective.
Vehicle No. DL2W 2015 State
Brijpal Singh, produced the record
pertaining to vehicle No. DBP 1648. The fitness certificate of this vehicle
shows to have been issued at 5:15pm ... driver again brought to him
after rectifying the defect. The vehicle was inspected by him (A4) and A2
Daulat Ram during the period 3:45pm
Motor
Vehicles Act, 1988 (hereinafter called the Act). The challaning
officer found that the number plate of the vehicle was defective.
The challaning officer issued ... driving a vehicle in a public place. Driving
a vehicle must mean actual driving a vehicle. In the present case
however the accused driver
filed a petition before the
District Consumer Forum as the financed vehicle was defective.
Thereafter, some unknown persons lifted the vehicle under order
relative's house near Badayun. Their vehicle developed
some defect and therefore they were getting the same repaired
near the bus stand. Ganesh Soni ... village of sister of accused towards Badayun,
on the way their vehicle developed defect. He noticed accused
Kallu going with his son Rahul. He immediately
petitioner to the respondent
for purchase of the vehicle and the vehicle had been hypothecated to the
petitioner. These documents are not in dispute ... petitioner, and therefore it can not be said as the vehicle was defective the
respondent was not liable to make any payment and the petitioner
approached the workshop of plaintiff
company for repairing / removing the defects of his vehicle of Octivia
bearing ... defendant and given a rough estimate to him regarding
his vehicle. The defects occurred during the course of playing the car
by the defendant were
about the problem with the vehicle and only asked to go to the spot
and to rectify the defect. According to him, he reached ... stopped by the police from
examining the vehicle or from rectify the defect. The witness has denied
the suggestion that
that even
after applying them, the vehicle could not be stopped in time.
A pedestrian or a vehicle going ahead of another cannot contemplate
that ... cannot be said if it was due to any mechanical defect in
the vehicle.
In view of the above discussions and judgments relied upon
