S.S.SANDHAWALIA, D.S.TEWATIA
Hans Raj – Appellant
Versus
Sukhdev Singh – Respondent
S.S.SANDHAWALIA, J.
1. The meaningful issue which calls for determination has been formulated in the following terms, in the lucid order of reference :
"Do the provisions of sub-section (1) of Section 96 of the Motor Vehicles Act limit the liability of the insurer qua the insured as also the third party to the one that by virtue of sub-section (2) of Section 95 it is required to cover, even though by charging extra premium the insurer has undertaken a liability greater than the one the provision of sub-section (2) of Section 95 requires it to cover."
2. Mulkh Raj is the registered owner of truck No. UTJ-3338. On June 8, 1979 at 3-30 P.M. it was involved in a collision with two bullock-carts of the claimant-respondents. As a result thereof all the four bullocks involved died and the two carts were damaged whilst injuries were suffered by both the drivers of the carts. Separate claims with regard to the injuries and loss of property were preferred by the two drivers. Besides the appellant No. 1 - driver of the truck - its insurer Messrs : New India Assurance Company Limited were also impleaded as respondents. The Tribunal decided in favour of the claimants and assessed the lo
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