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Documents citing New India Assurance Co. Ltd. vs Usha Rani And Ors. on 1 August, 1989

Raghbar Datta Pyare Lal And Ors. vs Malka Rani And Ors. on 26 September, 1989

8. The nature of the submissions of the counsel appearing for the parties underwent abrupt change in view of the decision of this court in New India Assurance Co. Ltd. v. Usha Rani 1990 ACJ 785 (HP). However, reference to this decision would be made at the relevant stage when the question of liability to pay compensation arises. For the present I proceed to deal with the other aspects of the matter to know whether the findings arrived at by the Tribunal in this case are legally permissible and whether the quantum of compensation paid to the claimants is just.
Himachal Pradesh High Court Cites 1 - Cited by 2 - Full Document

National Insurance Co. Ltd. vs Bhag Devi And Ors. on 6 June, 1996

21. We may further point out that the plea raised on behalf of the claimants that the deceased were travelling as owners along with their goods in the vehicle in question, is substantiated from the evidence produced on the record. Reference in this behalf can be made to the statements of Ashok Kumar and Leela Bhagati, PWs and we have no hesitation in holding that the deceased/injured were travelling in the vehicle as owners of their respective goods. A learned single Judge of this Court has held in New India Assurance Co. Ltd. v. Usha Rani 1990 ACJ 785 (HP), that the insurance company is liable for payment of compensation in respect of an owner of goods travelling along with the goods as in the present case and therefore on this count also the appeal of the insurance company must fail.
Himachal Pradesh High Court Cites 14 - Cited by 3 - A K Goel - Full Document

National Insurance Co. Ltd. vs Ramesh Kumar And Ors. on 12 June, 1998

In New India Assurance Co. Ltd. v. Usha Rani, 1990 ACJ 785 (HP), the learned single Judge of this Court has held that when a hirer of goods vehicle is travelling by the same vehicle along with his goods, he must be deemed to be a passenger in the vehicle for hire or reward within the meaning of Clause (ii) of the proviso to Section 95 (1) of the Act and hence the tortious liability of the owner towards him is covered by the insurance policy.
Himachal Pradesh High Court Cites 23 - Cited by 8 - L S Panta - Full Document

United India Insurance Co. Ltd. vs Sukha Devi And Ors. on 2 March, 1995

20. The submission of Mr. K.D. Sood based on decisions like Skandia Insurance Co. Ltd. v. Kokilaben Chandravadan 1987 ACJ 411 (SC); New India Assurance Co. Ltd. v. Satyanath Hazarika 1989 ACJ 685 (Gauhati); Bhagwandas v. National Insurance Co. Ltd. 1990 ACJ 495 (MP), New India Assurance Co. Ltd. v. Usha Rani 1990 ACJ 785 (HP); Bhagwan Das v. National Insurance Co. Ltd. 1991 ACJ 1137 (MP); New India Assurance Co. Ltd. v. Kamlaben 1993 ACJ 673 (Gujarat); New India Assurance Co. Ltd. v. Kamalabai 1994 ACJ 519 (Bombay); and Oriental Insurance Co. Ltd. v. Puni Devi 1995 ACJ 486 (HP), are quite justified. The crux of these decisions is that insurance company is liable for the payment of compensation.
Himachal Pradesh High Court Cites 21 - Cited by 4 - L S Panta - Full Document

New India Assurance Co. Ltd. vs Rama Devi And Ors. on 8 July, 1999

3. The owner of the vehicle, the respondent No. 1 before the Tribunal and the respondent No. 3 in this court remained ex parte and did not contest the claim before the Tribunal and it is only the insurance company, the appellant herein which contested the same. After trial and on a consideration of the materials placed on record, the Tribunal below held that the accident has occurred on account of the rash and negligent driving of the truck by its driver and the deceased died on account of the said accident, that the total loss of future income to the appellants was Rs. 1,29,600 and a further sum of Rs. 6,000 could be awarded for the loss of love and affection and mental shock, in all a compensation of Rs. 1,35,600 and that it was brought on evidence that the deceased was carrying damaged parts of the truck in which he was employed as a conductor on payment of Rs. 300 as fare and freight charges to the driver of the truck No. HYX 553 in question and, therefore, the deceased cannot be said to be an unauthorised or gratuitous passenger in the truck involved in the accident. Applying the ratio of a decision of this court in New India Assurance Co. Ltd. v. Usha Rani 1990 ACJ 785 (HP), the appellant insurance company was held liable to pay the compensation awarded to the claimants. As to the question raised and the issue framed whether the truck in question was being driven in violation of the Motor Vehicles Rules, since neither any evidence was produced in respect of the same nor it was pursued and argued, it was held that the insurance company failed to prove such a claim. The Tribunal below also held that the deceased was not an unauthorised or gratuitous passenger and the insurance company failed to substantiate such a plea. Aggrieved, the insurance company has filed the above appeal.
Himachal Pradesh High Court Cites 23 - Cited by 4 - D Raju - Full Document

Oriental Insurance Co. Ltd. vs Hari Singh And Ors. on 31 March, 1999

10. We find that the appellant insurance company has deposited the award amount in the Registry of this court, out of which some amount stands disbursed in favour of the respondents-claimants. When orders for release of the award amount were passed the law laid down by this court in the judgment New India Assurance Co. Ltd. v. Usha Rani 1990 ACJ 785 (HP) and other judgments was in favour of respondents-claimants, as such, they must have utilised the same taking it as their right, therefore, it will not be in the interest of equity and good conscience to direct them to refund that amount to the appellant insurance company. But so far the balance award amount lying in fixed deposit is concerned, it is ordered to be refunded to the appellant insurance company along with up-to-date interest. The appellant insurance company may recover the amount already disbursed in favour of the respondents-claimants from the owner as well as driver of the truck in accordance with law.
Himachal Pradesh High Court Cites 6 - Cited by 0 - S Sarup - Full Document
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