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2003 Supreme(Pat) 429

NAGENDRA RAI, R.S.GARG
Branch Manager, United India Insurance Company Limited – Appellant
Versus
State Of Bihar – Respondent


Judgment

Nagendra Rai and R.S.Garg JJ.

1. This order shall dispose of L.P.A. Nos. 241 and 855 of 2002.

2. Though the said writ applications have been disposed of by different Honble Judges under separate orders but as the questions raised in each of the writ application are identical and require the interpretation of the identical phrase on almost similar facts, we are disposing of both the appeals.

3. L.P.A. No. 241 of 2002 arises out of C.W.J.C. No. 11174 of 2001 disposed of on 8.1.2002 while L.P.A. No. 855 of 2002 arises out of C.W.J.C. No. 7445 of 2002 disposed of on 1.7.2002.

4. In each of the matter, interpretation of the words

"the insurance is entitled to provide for payment of compensation in the event of death only resulting solely and directly from accident caused by external, violent and any other visible means"

, and the phrase

"the insured shall sustain any bodily injury resulting solely and directly from accident caused by external, violent and visible means"

is involved.

5 Though before learned single Judge certain facts were disputed but learned counsel for each of the appellants now did not challenge the facts but, however, confined their arguments to the legal que












































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