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1999 Supreme(Cal) 226

VINOD KUMAR GUPTA, P.K.SEN
NEW INDIA ASSURANCE COMPANY – Appellant
Versus
UMA JHUNJHUNWALLA – Respondent


Advocates Appeared:
A.K.DASH, DEBRAJ MUKHERJI, RON NIRANJAN JHUNJHUNVALLA

V. K. GUPTA, J.

( 1 ) - The only point urged in this appeal filed by the Insurance Company against the award dated 29th April, 1993 by the learned Sixth Bench of the City Civil Court at Calcutta in MMACC No. 180 of 1983 is with regard to the limited liability of the appellant-Insurance Company. No other point was urged.

( 2 ) BRIEF facts leading to the filing of this appeal are that the husband of respondent-Uma Jhunjhunwala and the father of other respondents died in a motor accident on 8-12-1982. The deceased was serving as an officer in the Oriental Fire and General Insurance Co. Ltd. at the relevant time. He was aged about 48 years and in 1982 his monthly income is stated to be Rs. 4000/ -. On 8-12-1982 while he was alighting from his private Car No. WMB 7460, a Lorry bearing No. APT 2470 ran over him, after dashing against the car from which the deceased had alighted. As a result of this accident the deceased suffered injuries. He was removed to the Hospital by the Traffic Police. However on arrival at the hospital he was declared brought dead by the Doctors. The respondent-claimants filed a claim petition under S. 110-A of the Motor Vehicles Act, 1939 in which the owner and













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