indemnify owner. It is pleaded that
accident took place due to mechanical defect. It is admitted
that deceased was employed as stone cutting mason ... village Kataula. There is recital in
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affidavit that due to mechanical defect accident took place.
There is recital in affidavit that vehicle
mechanical
fault also stood dispelled by the prosecution as it stood proved on record
that there was no mechanical defect in the vehicle ... that in the
opinion of the Mechanic, the accident has not taken place on account of
any mechanical defect in the vehicle. Site plan
mechanically examined the bus,
of
had stated that the vehicle in question fell down due to
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the mechanical defect. The said witness has also ... testimony of PW-12, who had
mechanically examined the bus, that the bus had
of
developed mechanical defect on account of which, the
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said
inter-se
the relevant vehicles to stand aroused from the aforesaid
mechanical defect preceding the ill-fated occurrence erupting
therein on the trite reason ... defect of its standing locked. Moreover, when the benefit of the
aforesaid lingering doubt qua the relevant eruption in the
offending vehicle of defects, defects
This accident is due
to above mechanical defects. At least the Driver of the said Car
may avoid the accident by applying the break ... This accident is
due to said mechanical defects. At least the Driver of the said Car
may avoid the accident by applying the break
driver for occurrence of accident and
contended that there was mechanical defect for the occurrence of accident.
He has further argued that the IMV report ... does not disclose the
mechanical defect for occurrence of accident and it falsifies the contention
of the respondent, that the evidence
left side of the
road and not yet started due to mechanical defect. The
rider of two wheeler came with high speed in a rash ... proceeding slowly and cautiously and stopped the bus
due to the mechanical defect because of which the bus
could not start.
9. It has also
evidence of
mechanic Mr.Sayyad Salim and photographs wrongly held that
complainant has proved that there is mechanical defects in the
machine and opponents have ... evidence of
mechanic Mr.Sayyad Salim and photographs wrongly held that
complainant has proved that there is mechanical defects in the
machine and opponents have
mechanical examination of the vehicle after the
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accident and submitted his report vide Ex.PW4/A, wherein he
stated that no mechanical defect ... cannot
be inferred in any manner that accident occurred due to
mechanical defect as pointed out above. PW-4 while giving its
report
stated that the accident has not happened due to mechanical defect.
6. The main defence put forth on the side of the appellant/Management ... given categorical evidence to the effect that there is some mechanical defect in the bus, which caused the accident, the entire burden lies upon
