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1984 Supreme(P&H) 593

D.S.TEWATIA, SURINDER SINGH
Oriental Fire And General Insurance Co. Ltd. , Chandigarh – Appellant
Versus
Beasa Devi – Respondent


Judgment

D.S.TEWATIA, J.

1. On 17-6-1983 at about 4.45 P.M. one Bishan Dass while going on the road dividing Sectors 16 and 23 met with an accident with Motor Cycle No. CHU-6771 which struck against him from behind and as a result of the injuries that he sustained, he died in the P.G.I. on 19-6-1983. Smt. Beasa Devi widow of Bishan Dass and his two daughters Miss Anita and Miss Sunita put in their claim for a sum of Rs. 3 lacs with a further prayer that a sum of Rs. 15,000.00 be immediately awarded to them under S.92-A read with S.92-B of the Motor Vehicles Act (hereinafter referred to as the Act) under no fault liability. To the claim petition besides the owner respondent No. 4 Gurdev Singh the Oriental Fire and General Insurance Co. Ltd. (hereinafter referred to as the Insurance Company), was also impleaded as one of the respondents. The owner of the offending vehicle admitted the accident whereupon the Claims Tribunal ordered payment of Rs. 15,000.00 by the Insurance Company vide its order dated 23-2-1984 under S.92-A of the Act, even though the Insurance Company is said to have taken up the stand that it was not liable to pay that amount. The main case was adjourned to 17-4-1984
























































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