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1989 Supreme(Del) 69

S.B.WAD
ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
VEENA PRUTHI – Respondent


Advocates Appeared:
O.P.GOYAL, V.P.Chaudhary

Wad

( 1 ) I had allowed the appeal and dismissed the cross-objections on 24. 1. 1989. The reasons are as follows: This appeal has been filed by Oriental Fire and Genl. Ins. Co. Ltd. , with whom truck No. HRB 4969, which caused the death of Jai Kishan Pruthi in a road accident on 7. 4. 1975, was insured. Respondent No. 1 was the driver and respondent No. 4 was the owner of the truck. The Tribunal awarded Rs. 1,34,500. 00 as compensation to the legal heirs with 6 per cent interest per annum from the date of the petition till realisation. This award was made by the Tribunal on 20. 12. 1979. The submission of the appellant is that they are liable to pay only Rs. 50,000. 00 under the contract of insurance/insurance policy between the owner and the insurance company. There is a cross- objection filed by respondent Nos. 1 and 4, claiming that the entire liability was that of the insurance company.

( 2 ) IT is an admitted fact that the owner of the offending vehicle did not produce the original policy although he was claiming that the entire liability was that of the insurance company. The insurance company produced the office copy of the policy. Usually, in the file pertaining to the insur



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