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2010 Supreme(P&H) 1602

HEMANT GUPTA, JASBIR SINGH, MUKUL MUDGAL
New India Assurance Co. Ltd. – Appellant
Versus
Chameli Devi And Ors. – Respondent


Judgment

HEMANT GUPTA, J.

1. This order shall dispose of bunch of appeals placed before this Bench on a Reference made by the Division Bench of this Court on 23.5.1988 as to whether the liability of the Insurance Company is limited to Rs.15,000/- per passenger or unlimited under the provisions of Section 95(2)(b) of the Motor Vehicles Act, 1939 (for short the Act).

2. The said order passed by the Division Bench reads as under :-

"The main case taken up on urgent motion. It is contended by Mr. Suri that the words "such amount as is necessary to meet the requirements of the Motor Vehicles Act, 1939", occurring in the insurance policy intend to cover the provisions of Section 95(2) of the Motor Vehicles Act, 1939 and since sub-clause (b) thereof would apply to the instant case, the liability of the insurance company was upto Rs.15,000/- for each individual passenger. Reliance has been placed on a Division Bench judgment of this Court in Pt. Ram Parkash and others v. Smt. Kanta Suri and another, 1987(2) FIR 169, where this provision came to be specifically interpreted and a decision of the Rajasthan High Court in Chand Kanwar v. Manaram, 1986 ACJ 269 : (AIR 1986 Raj 2) was distinguished





















































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