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J.B.GARG, P.OJHA
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
CARGO CARRIERS – Respondent


Advocates:
Counsel for the Parties :
For the Appellants :Mr. S.S. Aulakh, Advocate.
For the Respondent: Mr. D.P. Singh, Representative.

ORDER

Mr. Justice J.B. Garg, President—A Swaraj Mazda bearing No. CHW 6462 belongs to M/s. Cargo Carriers, Sector 37B, Chandigarh. This complainant had been utilising this vehicle for rendering service on payment as a carrier. On a complaint instituted by it, the District Forum-I ordered on 19.8.1998 that a sum of Rs. 15,560/- shall be payable by New India Assurance Co. Ltd. together with interest @ 12% per annum. Besides this, costs Rs. 2,000/- have also been awarded. Aggrieved against it, the present appeal has been attempted.

2. Some facts are undisputed. The ownership of the vehicle; the fact that it was insured for the period in question. Besides this, the vehicle was stationary and parked and it was hit by a speeding vehicle. Despite this, the complainant brought on record the driving licence which was valid at the time of the occurrence.

3. The main plea raised in this appeal on behalf of the Insurance Company is that Mr. Gurinderjit Singh, Advocate, was not engaged by it and he had no authority to enter into a compromise on behalf of Mr. S.S. Aulakh, the real Advocate. Let us ignore the statement of Mr. Gurinderjit Singh, Advocate recorded on 17.8.1998. When we proceed on meri






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