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Sithara N. S. & Ors., Etc. vs. Sai Ram General Insurance Co. Ltd. (SC)

54.00 5.40

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Motor Accident Claims–Involvement of the vehicle–Establishment–The complaint merely states that a vehicular accident occurred, without identifying the offending vehicle–The spot mahajar was prepared several days after the accident–No eye-witness of the accident–Motor Vehicle Inspector found no damage on the alleged offending vehicle–This circumstance is wholly inconsistent with a collision of such severity as to cause the death of two persons–Held, the appellants failed to establish the involvement of the offending vehicle.