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1995 Supreme(Del) 263

C.M.NAYAR
NEW INDIA ASSURANCE COMPANY LIMITED,NEW DELHI – Appellant
Versus
MANJIT KAUR – Respondent


Advocates Appeared:
K.K.JAIN, Shashi Bhushan, Shashi Mohan Suri

C. M. Nayar

( 1 ) THE present judgment will dispose of FAO No. 205 of 1981 filed by the New India Assurance Co Ltd as well as the Cross Objections (C. M. No. 1749/81) filed by the respondents-claimants.

( 2 ) THE respondents-claimants filed their Claim Petition under Section 110-A of the Motor Vehicles Act against the appellant Insurance Company as well as the driver and the owners for a sum of Rs. 2 lakhs as compensation for the death of Shri Hardev Singh caused in a motor accident alleged to have taken place on October 5, 1973 at about 6 A. M. at Ring Road, Near Britania Biscuit Factory. The respondents-claimants stated that the accident was caused due to rash and negligent driving of vehicle No. DLG 1598 on the part of the driver, Mata Din. The vehicle was owned by respondents 6 and 7 and was insured with Anand Insurance Company which subsequently merged with the appellant Insurance Company. The deceased and Smt. Rajinder Kaur were going from Moti Bagh to Punjabi Bagh in a car along with his father arid brother and when the car reached Punjabi Bagh near Britania Biscuit Factory, truck bearing No. DLG 1598 came from the opposite direction at a very fast speed, without headlights a
























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