Court : Punjab and Haryana
Decided on : Feb-20-1986
Reported in : [1986]60CompCas137(P& H)
J.V. Gupta, J. 1. This is plaintiff's second appeal whose suit for the recovery of Rs. 20,000 against the Life Insurance Corporation of India was decreed by the trial court but has been dismissed in appeal.2. The facts, in brief, are that on August 10, 1962, Sampuran Singh, husband of the plaintiff, Balwant Kaur, got himself insured for a sum of Rs. 20,000 under policy No. 6581182. He died on June 18, 1968, and the plaintiff being his nominee filed the present suit for the recovery of the said amount as the Life Insurance Corporation refused to honour the policy and repudiated it on the ground that answers to questions Nos. 8 and 9 of the proposal form (exhibit D1) had not been correctly answered by the insured. According to the plaintiff, the policy in question was a legal and a valid contract between the parties and so far as questions Nos. 8 and 9 were concerned, it was pleaded that there was no deliberate or fraudulent mis-statement by the policy-holder inasmuch as the proposal for...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-07-1986
Reported in : 2(1986)ACC539
M.M. Punchhi, J.1.A common award was passed by the Motor Accidents Claims Tribunal on four claim applications. The dissatisfied claimants have filed four appeals being F.A.O. No. 343 to 346 of 1984. Correspondingly, four appeals being F.A.Os. Nos. 352 to 355 have been filed by the New India Assurance Company Limited being aggrieved against the apportionment and fixation of liability. There were yet another set of four corresponding appeals preferred by the Pepsu Road Transport Corporation, being F.A.Os. Nos. 347 to 349 and 366 of 1984 which were dismissed by the Motion Bench in Limine. This judgment would thus dispose of the aforesaid eight appeals.2. A taxi bearing No. CHZ-158 was on its way on 10-9-1982 to Chandigarh from Kurali. The inmates thereof, besides its driver, were V.P. Jathar and his wife Mrs. Mangla Prabhakar Jathar, the latter's sister Meena Dattatraya Deuskar and her husband D.A. Dattatraya Deuskar. At 1.40 p.m. while on road, this taxi collided head on with bus No. PUB...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-19-1986
Reported in : I(1988)ACC134
D.V. Sehgal, J.1. This judgment will dispose of an appeal filed by the Insurance Company and the owner-appellants against the award dated 18-5-1982 of the Motor Accidents Claims Tribunal, Chandigarh, (for short 'the Tribunal') and cross-objections filed by Krishna Devi, Claimant-objector.2. Ishwar Chand, a sweeper, who was on a cycle, was hit by the offending vehicle, Metador-van, bearing registration No. HPS 916, which was being driven by Abdul Gani, respondent No. 2, at the tri-junction of Shimla-Chandigarh and Manimajra-Chandigarh roads, near Mani Majra, on 1-12-1980, at 4-30 p.m. As a result of the injuries sustained in the accident, Ishwar Chand died on 21-1-1981. A claim application Under Section 110-A of the Motor Vehicles Act (for short 'the Act') was filed by the Objector before the Tribunal claiming rupees one lac as compensation for the loss suffered by her on account of the death of Ishwar Chand, her husband. The accident was admitted by the appellants as also by respondent...
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