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1991 Supreme(Del) 9

D.P.WADHWA
NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
A.S.CHADHA, S.K.Paul

D. P. WADHWA, J.

( 1 ) THIS is plaintiffs suit for recovery of Rs. 2,91,500 for loss of truck parked at the parking lot of the defendants and was stolen from there. The plaintiffs number two and the defendants three. First plaintiff carries on the business of general insurance and the truck bearing Engine No. 692d 22854785 and Chassis No. 3640 46844126 was insured with it by plaintiff No. 2 who was owner of the truck. It was Tata make truck of 1987 model. First defendant is constituted under the Delhi Development Act, 1957 and has various functions to perform under the Act. It was maintaining a truck parking centre at Majnu Ka Tilla, Delhi, and the name given to the parking centre was Idle Truck Parking Centre. Second defendant is Union of India in the Ministry of Urban Development through its Secretary, and the third defendant is the Traffic Manager of the aforesaid truck parking centre. Second defendant has been impleaded on the ground that it owns, controls and looks after and is responsible for all the working and affairs of the first defendant. This does not appear to me to be correct as the first defendant under the aforesaid Act is a body corporate by the name. The delhi D











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