vehicle involved in the occurrence was free from any mechanical
defects. The accused had a valid licence to drive the vehicle. The
prosecution ... wrong side of the road. There were no
mechanical defects in the car driven by the accused. That being the
position, the dictum in Abdul
also the said accident has taken place not
because of any mechanical defects ... Senior Inspector
of motor vehicles on mechanical examination of both the
vehicles opined that, there were no mechanical defects in
both the vehicles. Thereby defense
observed that the accident
occurred was not due to any mechanical defects in the crime
vehicle.
4. The learned Additional Judicial Magistrate of First Class ... during the night time. So, the possibility of occurrence
due to mechanical defects cannot be ruled out. Both the Courts
below landed in error
that the prosecution failed to rule out the
possibility of mechanical defect of the bus to be the cause of
the incident. Another contention ... submission of the learned counsel for the
appellant is that the mechanical defect of the bus was the
cause of the incident. The said contention
evidence of the
M.V.I that the ambulance had no mechanical defects, unless and until the
driver lost its control, it would not have ... above ambulance.
1. Break system found efficient.
2. No mechanical defects noted down
3. Left side glass 3 Nos. damaged.
4. Left side roof destroyed
accident in question had taken place not
because of any mechanical defects. The Motor Vehicle Inspector,
on mechanical examination of the lorry, has noticed damage ... that the said accident had taken place not because of any
mechanical defect in the lorry. These admitted facts need not be
proved
stated that the accident was not due
to any mechanical defect. The Medical Officer has clearly
stated about the injuries on the person of deceased ... report, the incident was not due to any mechanical defect of
the autorickshaw and hence the injury sustained by
deceased Chaitra does not correlate with
road side tree. It transpires that the accident
occurred due to mechanical defect of the vehicle but not as a rash and negligent driving ... have already stated that the accident occurred due to mechanical defect of the
vehicle as a result of which deceased driver had lost control over
report stating
that the accident occurred was not due to any mechanical defects.
On 24.10.2007, at 11.00 a.m., LW.12 arrested the driver ... opined that the
accident occurred was not due to any mechanical defects.
21. This criminal revision case is filed by the accused on the
concurrent
vehicle is cut off, it can be said
that, there is mechanical defect in the said vehicle.
Now on comparing the evidence ... brake
liner of the offending vehicle was cut down, there
was mechanical defect in the said vehicle and
mechanical defect of the vehicle might