Rash and negligence driving – Version in DDR – Change of stand in statement – Evidential value of -- In DDR, the claimant stated that the accident had taken place by chance and there was no fault on part of anyone -- Only evidence available with regard to the cause of accident on the record is the affidavit of the claimant stating therein that his motorcycle was hit from behind by the offending car rashly, negligently and in a high speed -- Neither driver of car on his own stepped into the witness box to controvert the deposition of the claimant nor the appellant-insurance company made any effort to examine him to elicit that there was no element of rash and negligent driving involved in the accident – Offending car held liable.

(P&H HC) Decided on: 15.03.2016