that it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this
along with the consignment in his evidence stated that there was mechanical defect in the vehicle, i.e., the mini truck and in between Bhopal ... mechanical breakdown. The Apex Court held that the burden of proof is on the owner of the vehicle that accident was due to mechanical defect
remaining 23% slow recording (out of 89.6%) is on account of mechanical defect in the meter. (66-2/3% slow recording on account of wrong ... defect in the meter but because the wiring is defective, Section 26(6) will not be attracted and the meter not being defective, the question
place near Karadi Rail Dilli Panikarai, due to the
mechanical defect, the vehicle lost its control, fell down in the hills slope
and the said ... claim petition that the accident was occurred only due to the mechanical
defect of the vehicle and if that be so, the Insurer cannot
driver which caused the accident, in the absence of
mechanical defect or any other extraneous or
supervening reasons which caused the loss of control ... caused by the accident, if the vehicle is
found devoid of mechanical defects and the accident
was not caused by any extraneous or supervenient
supervisory
taken by the owners that the injury was due to a mechanical
defect and not due to the negligence. After referring to
the evidence ... testimony of the expert destroys the
plea of any mechanical defect set up by them. In this con-
nection we may also point out that
lorry, that it was an inevitable accident due to an unforeseen mechanical defect and that therefore the claimants are not entitled to any compensation ... latent it defect, but he must further prove that the said defect was not discoverable by reasonable care. Regarding cases of mechanical defect causing accident
brake system of the bus was efficient, and there was no mechanical defect.
In opposition, defence witnesses, who were mechanics of the Transport
Corporation stating ... mechanical, he answered "not
applicable". But he deposed in chief that "foot brake system was efficient
and no mechanical defects". This
well settled that every mechanical defect or failure which cause or results in an accident cannot be attributed ... succeed in a defence that the accident was due to a mechanical defect, the owners have to prove that they had taken all necessary precautions
brakes, and mechanical conditions of the bus are intact and he conducted road test for the bus and found no mechanical defect ... stating that the accident was not due to any mechanical defects of either of the vehicles. The evidence of this witness indicates that the right