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
driving by the
driver of Tata Safari vehicle, but due to mechanical defect
as revealed in Ex.P.4-IMV report. It is submitted that ... defect is hidden and latent. The said
defect could not be said within the knowledge of the
owner, where due to mechanical defect, the accident
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
stating that the accident occurred due to the mechanical defect
and he also sustained grievous injuries to his head and other
parts of the body ... prudence to the effect that the accident
occurred on account of mechanical defect and not due to the
negligence of the petitioner-accused. Non-consideration
inmates of the
bus have spoken about the mechanical defects in the bus.
Whereas, PW-4 has stated that there is no mechanical defect.
There ... accident
has occurred beyond human error on account of the mechanical
defect.
27. Neither PW-5 nor PW-6 are competent persons to speak
about
also, the said accident has taken place, not
because of any mechanical defects. Therefore, according
-8-
CRL.RP No. 100040 of 2016
to his submission ... that, the said accident
has taken place not because of any mechanical defects in
- 12 -
CRL.RP No. 100040 of 2016
the said lorry
later it came to
know the said truck developed some mechanical defect,
hence, the defendant reloaded the consignment to the
truck bearing ... Invoice but while traveling, the vehicle
was having some mechanical defect, therefore, the same
was changed to another truck and later the said truck
bearing
petitioner
before this Court would vehemently contend that there was a
mechanical defect in the vehicle which caused the accident and
gear lever was also ... petitioner before the Trial
Court is that due to the mechanical defect, the petitioner could
not control the vehicle. In order to substantiate the same
material on record discloses
that, the accident occurred on account of mechanical
defect and not due to rash and negligent act of the
accused ... nothing to show that the accident occurred on
account of any mechanical defect and hence, he
submitted that the findings of the Courts below
holding
accident. The said accident
has taken place not because of any mechanical defect in
the vehicle. The deceased was moving on the road. When
there ... mechanical examination
of the vehicle by M.V.Inspector, he opined that, the said
accident has taken place not because of any mechanical
defects
