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Suresh Devi & Anr. vs. Pukhraj @ Pukharam & Ors.

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Motor Accident Claims–Contributory Negligence–Findings of–Sustainability–Head on collusion between the jeep and motor-cycle at the curve of the road–Jeep was in the extreme right side of the road–it was supposed to be driven on the left side–Motor-cycle was in correct lane and correct side–It cannot be concluded that the deceased was negligent–Insurance Company did not produce any evidence as regard to the negligence of deceased–Even, the witnesses of the claimant were not cross-examined over this aspect–Contributory negligence cannot be saddled on the ground that the deceased was not having the driving licence–Findings cannot be sustained.