V.B.GUPTA
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
VEENA DEVI ALIAS VEENA KUMARI – Respondent
V. B. GUPTA, J.
( 1 ) PRESENT appeal filed by the Appellant/insurance Company raises the question of limited liability of the Insurance Company.
( 2 ) BRIEF facts of this case are that on 9th August, 1982 deceased Sh. Vinod Kumar was travelling in Bus No. DHP " 3430 from Narela to Delhi, when a truck No. DIG-3919, driven by Respondent No. 5, came from Randhawa side and struck against the left portion of the Bus. The impact of the accident was such that the engine of the said bus was thrown away and the said Sh. Vinod Kumar received fatal injuries whereas, other persons received grievous injuries. The widow and two minor children of said Vinod Kumar, deceased are Respondent Nos. 1,2 and 3 and the widowed mother (who died during the pendency of the case and was deleted from the array of the parties) filed claim petition seeking compensation against the Driver, Owner and the Insurer of the above said truck alleging therein that since the accident occurred due to rash and negligent driving of the truck on the said date, time and place by its driver Respondent no. 5 causing fatal injuries to Shri Vinod Kumar, they are entitled to receive compensation of Rs. 2,50,000/- from them.
( 3
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