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Report No. 85

3.6. Burden of proof in special cases.-

It may also be noted that though the determination of liability is subject to the law of torts, yet the burden may shift to the driver in special cases, e.g., a taxi topping on its off side in circumstances from which unduly high speed can be inferred.1

1. Gangaram v. Kamalabai, AIR 1979 Kam 106.



Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back




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