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
atop,
as its driver, hence standing entailed with a mechanical
defect,(a) defect whereof, is, unfolded therein to stand
comprised ... driver, rolling into a gorge, in sequel to its developing
a mechanical defect, (ii) whereas, for fastening the apt
indemnificatory liability upon the insurer, rather
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
that the accident was occurred purely
on the part of the mechanical defect and there is no negligence on
the part of the driver ... sustained injuries. The Respondent contended that the accident
occurred due to mechanical defect.
10. In order to prove her case, P.W.1 has produced
chassis were returned from the depots due to various functional/mechanical defects. These were examined by the appellants in their premises. Wherever feasible these were ... subjected to replacement of parts, re-fixing of mechanical defects and were cleared following the provisions of Rule 16 which mandates reversal of retaken credit
authority. It
discloses that the accident was not due to any
mechanical defects. Under this circumstance, insurance
company was liable and not the owner ... Vehicle Inspector report states that
the accident is not due to mechanical defects. The
submission of the owner is that between fitness
certificate and renewal
road and hence, the accident had occurred
due to the mechanical defect of the lorry in which the deceased was
the driver.
http://www.judis ... prove the fact
that the accident had occurred due to the mechanical defect, the
eye witness, who saw the occurrence, was examined
Motor
Vehicle Inspector deposed that it was not due to the
mechanical defect of the motor car. Then there were
damages to the front wind ... evidence of the expert is that the
car had no mechanical defect, the Tribunal erred in its
http://www.judis.nic.in
10
conclusion that
that the accident was not due to
any mechanical defect. He also inspected Auto rickshaw and
http://www.judis.nic.in
5
found damages ... efficiency was 64% and the accident
was not due to any mechanical defect. After completion of the
investigation, PW.7 filed a final report
Inspector there was no mechanical defect, which
caused the accident. Hence he submits that the finding
recorded by the Courts below are in accordance with ... contends
that according to PW-11 there was no mechanical defect
and the said witness has clearly stated that normally when
the plate
