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1988 Supreme(Del) 272

S.B.WAD
KELA DEVI – Appellant
Versus
DELHI KASHMIR GOODS TRANSPORT COMPANY – Respondent


Advocates Appeared:
N.K.KAUL, S.K.Paul, Salil Paul

S. B. Wad

( 1 ) THIS is an appeal filed by mother, father and the grandmother of the deceased Udai Singh for enhancement of compensation. The claimants had claimed Rs. 40,000. 00 but the Tribunal had awarded Rs. 8. 740. 00 towards compensation.

( 2 ) UDAI Singh died in an accident caused by truck No. DIG 4785. The fact of the accident or the negligence of the truck driver resulting into death of Udai Singh is not challenged in this appeal.

( 3 ) THERE is a cross-appeal filed by the insurance company, originally M/s. Northern India General Ins. Co. Ltd. , now New India Assurance Co. Ltd. It is contended in the cross-appeal that on the date of accident, namely, 7. 3. 1965 the vehicle was already sold by the original owners M/s. Delhi Kashmir Goods Transport Company to one Purshottam Singh. The policy had, therefore, come to an end. It is further stated that the sale took place on 2. 1. 1964. The policy in this case was taken out on 3. 2. 1965 by M/s. Delhi Kashmir Goods Transport Company (P) Ltd. and was valid upto 2. 8. 1965. On these facts, it is submitted that the insurance company is not liable to pay any compensation in this case. I am taken through the evidence of M/s. Delhi Kas



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