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ALLAHABAD HIGH COURT
UNKNOWN, UNKNOWN
New India Assurance Co. Allahabad v. Mahmood Ahmad and Others
| Table of Content |
|---|
| 1. introduction to the appeal and points raised. (Para 1 , 2) |
| 2. court's affirmation of insurance liability. (Para 3 , 4) |
| 3. findings on the negligence of the bus driver. (Para 5 , 6) |
| 4. clarification of limits on insurance liability. (Para 7 , 15) |
| 5. discussion on legislative ambiguities and need for reform. (Para 8 , 10 , 12 , 13 , 14) |
| 6. court's final decision to dismiss the appeal. (Para 17) |
1. A question of comparatively some importance has been raised in this appeal under S.110 - D, Motor Vehicles Act . Following an accident between Bus No. UPZ 8963 in which the deceased Km. Saulat Nigar was travelling on 3-5-1974 and truck No. WVK 9261 at Kanpur Mahgaon Road a claim petition was filed which was allowed and a compensation of Rs, 15,000/- was awarded against the Insurance Co.
2. The Insurance Co. has presented this appeal and Sri A.K. Banerji, learned counsel for the appellant has urged three points. Firstly, he has urged that liability of the appellant was merely to reimburse the insured and no primary liability could be fastened on it. As the award does not make the owner of the vehicle liable under no circumstances that liability could be fixed on the insurer. He
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