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2010 Supreme(Raj) 264

A.M.KAPADIA, GOPAL KRISHAN VYAS
New India Assurance – Appellant
Versus
Dhanna – Respondent


Advocates Appeared
R. Chouhan/Dhanpat Choudhary, for Appellant;
Manish Shishodia/ Suresh Shrimali, for Respondent(s)

Hon'ble VYAS, J.— In this bunch of intra-court appeals, filed under Section 18 of of Rajasthan High Court Ordinance, 1949, appellant New India Assurance Co. Ltd. is challenging the common judgment dated 05.11.1993 passed by the learned Single Judge, whereby, learned Single Judge dismissed S.B. Civil Misc. Appeals No.10, 11, 12 and 13 of 1988; and, partly allowed S.B Civil Misc. Appeal No.8/1988 with cost and held the insurance company liable to the extent of Rs.50,000/-.

2. Brief facts stated in the claim petitions filed by respective claimant-respondents are that on 31.05.1979 truck No.GTY 4126, owned by Suresh Nathuram Agrawal (respondent No.3) and insured by appellant was bringing cement from Kandla to Banswara and said vehicle was driven by driver Laxman. Injured Radha Kishan, Nanu Ram, Girdhari and Kamla and deceased Laxman, Gangaram and Bherunath boarded it at the bus stand of the village Mangana along with their baskets of fish after paying their fare and also the freight of the baskets. Deceased Virendra Kumar was khalasi in the truck. While the said truck was passing through Chanduji-ka-Ghata (P.S. Loharia), it fell down in a ditch. As a result thereof, aforesaid persons re


































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