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2005 Supreme(MP) 856

S.S.JHA, P.K.JAISWAL
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
ASHA DEVI – Respondent


Advocates Appeared:
B.D.VERMA, B.N.MALHOTRA, Kamal S.Rochalani, Meena Singhal, R.V.SHARMA, SURAJ DEVI AGRAWAL, SURESH KUMBAHAT

S. S. JHA, J.

( 1 ) SINCE these appeals arise out of common award, they are heard together. Misc. Appeal Nos. 650, 652, 653 and 655 of 2001.

( 2 ) ONLY question involved in these appeals is whether the appellant insurance company has rightly been held responsible to indemnify the insured.

( 3 ) COUNSEL for the appellant insurance company Mr. B. N. Malhotra has submitted that from the evidence on record, these are the cases of composite negligence of drivers of two vehicles. As such apart from the appellant insurance company, respondent national Insurance Co. Ltd. is also jointly and severally liable to pay the compensation. Respondent National Insurance Co. Ltd. has insured the offending jeep bearing registration No. MP 07-H 1828 which had dashed against the tanker bearing registration no. HNU 9877 insured with the appellant insurance company.

( 4 ) WE have heard counsel for the parties and perused the evidence on record.

( 5 ) IN evidence, witnesses have deposed that while the tanker lorry was overtaking another vehicle, it collided with the jeep which was coming from opposite direction. It is true that this is a case of head-on collision, but the fact remains that when the tanker




















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