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1980 Supreme(P&H) 176

S.S.SANDHAWALIA, J.V.GUPTA
Oriental Fire And General Insurance Co. Ltd. – Appellant
Versus
Manjit Kaur – Respondent


JudgmentJudgment

S.S.SANDHAWALIA, J.

1. These seven appeals - one preferred by the claimants and the rest by the Oriental Fire and General Insurance Company Ltd., and the owner of the insured vehicle (with cross-objections in two) -raise identical questions of law and fact. Learned counsel for the parties are agreed that this judgment will govern all of them.

2. All these appeals arise from an unfortunate automobile accident which took place on the 31st of July, 1968, within the town of Amritsar. On that day at about 10.30 P. M. Sehdev Seth appellant was driving Fiat Car No. PNJ 200 from Railway Station, Amritsar, towards Putlighar on the main Grand Trunk Road. As the driver approached a traffic island located at the junction of the G.T. Road with the road going over the over-bridge (called the Rego Bridge, which passes Over the railway lines) he dipped his head-lights. From the opposite side a Scooter driven by Harbans Singh deceased with his wife Smt. Manjit Kaur (now the claimant along with her children) seated on the pillion seat thereof approached nearer. The deceased scooter driver instead of going round the traffic bland which was incumbent on him for going towards his right






















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