NENU RAM AND NATIONAL INSURANCE Vs. BHAGWAN SINGH
HIGH COURT OF RAJASTHAN
Nenu Ram And National Insurance
Referred Judgements :-
GEORGE WIMPEY AND CO. LTD. V. BRITISH OVERSEAS AIRWAYS CORPORATION
WAH TAT BANK LTD. V. CHAN CHENG KUM
HIRABEN BHAGA V/S GUJARAT STATE ROAD TRANSPORT CORPORATIONORPO
MEHTA MADAN LAL V/S NATIONAL INSURANCE CO LTD
Click here to view full judgement.
(1.)These two appeals are, one by the insurance company and the other by Nenu Ram, alleged to be not the owner of the vehicle, who is somebody else.
(2.)It is alleged, the registered ownership of the vehicle was in the name of a firm, namely, M/s. Nenu Ram Ramjeewan, but the claim was filed against Nenu Ram only. Therefore, the claim cannot be entertained. It is also argued that the claim was filed against the driver along with the insurance company and the alleged owner. The driver having allegedly died during the pendency of the claim petition, the claim is not maintainable in the absence of the driver.
(3.)After hearing the parties, the Tribunal granted a sum of Rs. 6,000 on account of general damages. The Tribunal held, inter alia, that the registered owner of the vehicle, though a firm, is a proprietary firm of which the owner is the sole proprietor. The case made out on behalf of the other side, i.e., the insurance company, was disbelieved by the Tribunal.
Copyright © Regent Computronics Pvt.Ltd.