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He further submits that the insurance of the offending vehicle was being taken by the respondent no. From the pleadings of parties following issues were framed on Whether petitioner suffered injury in vehicular accident occurred on DL 2W Mahindra Champion? OPP 2. Whether petitioner is entitled to get compensation as prayed for.
If yes, what amount and from whom of respondents? In order to prove his claim, petitioner filed his affidavit Ex. Respondents no. I have heard ld. OPP 6.
Onus to prove this issue was upon the petitioner and to prove that he has suffered injuries and such injuries were caused to him on account of rash and negligent driving by driver of the offending vehicle, he PW1 filed his affidavit Ex. He has not been cross examined at all by any of the respondents.
Further, the driver of offending vehicle remained untraced.
Report, with respect to declaring the driver PO, if any, in the criminal case has not been filed by the police. However, apart from deposition of petitioner, the fact that he suffered injuries in the accident is also supported from his medical record i.
MLC, etc. Even otherwise, in the judgment Pushpabai Parshottam Udeshi and others v. And another AIR Supreme Court , it was held as under: "Normally it is for the plaintiff to prove negligence but as in some cases considerable hardship is caused to the plaintiff as the true cause of the accident is not known to him but is solely within the knowledge of the defendant who caused it, the plaintiff can prove the accident but cannot prove how it happened to establish negligence on the part of the defendant.
This hardship is sought to be avoided by applying the principle of res ipsa loquitur. The general purport of the words res ipsa loquitour is that the accident "speaks for itself" or tells its own story. There are cases in which the accident speaks for itself so that it is sufficient for the plaintiff to prove the accident and nothing more.
Operating System 4th Sem. BCA PTU
It will then be for the defendant to establish that the accident happened due to some other cause than his own negligence. Sonu Vs. For the application o the principle it must be shown that the case was under the management o the defendant and that the accident is such as in ordinary course of things does not happen if those who had the management under proper care. Considering all this, it stands proved that accident in question occurred due to rash or negligence driving of offending vehicle no.
DL 2W by its driver not known and petitioner suffered injuries in that accident. This issue is decided accordingly in favour of petitioner and against the respondents.
by Charanjit Singh
Petitioner being injured is natural eye-witness of accident and well within his rights to claim compensation from respondents. As per documents available on record a compensation of Rs.
Counsel for registered owner respondent no. Ganga Prasad, who had been plying the vehicle and as such respondent no. Ganga Prasad, on the other hand, filed his written statement inter alia stating that no doubt the offending Sonu Vs. To prove that fact, there is a document on record filed by respondent no. He even did not file his bank details or ledger account as to how may installments he had paid and how many installments were due.
In nutshell, he has not been able to prove any of such fact that vehicle was repossessed by respondent no. Ganga Prasad respondent no.
Admittedly the vehicle was not transferred in the name of Mr. Not only this, the document which has been filed by respondent no. Ganga Prasad for want to certain legal formalities. Further, it is also not disputed that vehicle was not transferred but leased out to Mr.
This letter accompanied with the statement of list of vehicle and the vehicle which was leased out to respondent no. Whether he was taking installments and how he took the vehicle back has not been proved by respondent no. Hence, in view of the above discussion and keeping in view judgment in Naveen Kumar Vs. Vijay Kumar and Ors. Civil Appeal No. The mandate of the law must be fulfilled".
Therefore, it is held that the registered owner is liable to pay the compensation to the petitioner. This issue is thus decided in favour of petitioner and against respondent no. Petition in hands is allowed. Statement of petitioner about disbursement of amount of compensation was recorded. Further petitioner has got his bank account opened in terms of modified direction of Hon'ble High Court and filed photocopy of his passbook of such account.
The salient features as prescribed in the judgment in Rajesh Tyagi Vs. The fixed deposit be renewed automatically till the period prescribed by the Court. The interest on the fixed deposit be paid monthly.
The monthly interest be credited automatically in the saving account of the claimant. Original fixed deposit receipt be retained by the bank in safe custody.
However, the original passbook shall be given to the claimant along with the photocopy of the FDR. The original fixed deposit receipt be handed over to the claimant at the end of the fixed deposit period. Photo identity card shall be issued to the claimant and the withdrawal shall be permitted only after due verification by the Bank of the identity card of the claimant.
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By Kanchan Kamila. By SivaKumar Arumugam. By gokul prasanth. By Manideep Ranga. Btech CS Syllabus Admission.Chetan Srivastva Kalyani publishers Fundamentals of information technology Dr. The bank of the petitioner would make necessary endorsement on the passbook of the petitioner and in its own record as "MACT case" and amount to be disbursed only in terms of the order of the court. May 1.
Foley Andries van dam Steven K. Deitel OS Template Version 1. Kerrighan Dennis M. For day to day usage, it can be enabled through following commands: To check the status of Firewall: sudo ufw status sudo ufw enable disable in order to disable it For more commands: sudo ufw commands We can also install a gui to manage Firewall settings. Ross Eastern economy James R. Operating Systems by Amit Singh. Petitioner being injured is natural eye-witness of accident and well within his rights to claim compensation from respondents.