NEW INDIA ASSURANCE COMPANY LTD. Vs. GURU NANAK TRANSPORT COMPANY
LAWS(P&H)-2006-7-529
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 11,2006

NEW INDIA ASSURANCE COMPANY LTD. Appellant
VERSUS
Guru Nanak Transport Company Respondents

JUDGEMENT

S.N.AGGARWAL,J - (1.) ON 8.6.1985, one Rajbir Singh was driving official Jeep of P.W.D. (B&R) Department. At about 10.15 a.m., when he was at Fatehgarh Sahib near Gurdwara Shish Ganj Sahib, bus bearing registration No. PUC 5789 owned by respondent No. 2 and being driven by Manjit Singh, respondent No. 1 struck against the said jeep. As a result, Rajbir Singh died. The other occupants of the jeep had also suffered injuries. They also filed claim petitions. It was alleged that the bus was being driven by respondent No. 1 rashly and negligently. The said bus was insured with respondent No. 3 i.e. New India Assurance Company Limited and compensation to the tune of Rs. eleven lacs was claimed.
(2.) BOTH respondent Nos. 1 and 2 filed separate written statements and contested the case. Insurance Company, respondent No. 3 also contested the case and denied all the allegations. In the alternative, it pleaded that its liability was limited only to the extent of Rs. 50,000/-.
(3.) ISSUES were framed and evidence was led by the parties.;


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