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Documents citing Divisional Manager, New India ... vs Sanjukta Mallik And Ors. on 19 June, 2000

Bhuribai And Anr. vs Shyam Sunder And Ors. on 5 July, 2006

7. Mr. R.P. Gupta, the learned counsel for the appellants has also placed reliance on the decision of learned single Judge of Orissa High Court in the case of Divisional Manager, New India Assurance Co. Ltd. v. Sanjukta Mallik , in which it is held that passenger travelling on the rooftop can be liable for contributory negligence on the part of such passenger. But such action of the passenger would not have the effect of exonerating the insurance company from its liability.
Madhya Pradesh High Court Cites 11 - Cited by 0 - Full Document

Oriental Insurance Company Ltd. vs Smt. Bijayalaxmi Tripathy And Ors. on 5 April, 2007

10. So far final form Ext. 4 submitted by police exonerating the driver of the bus of any liability is concerned, it is well settled that a final form is only an opinion of police and therefore Ext. 4 cannot be the sole basis of arriving at a finding in a motor accident claim case that the driver was not rash or negligent. Even otherwise, a perusal of the written statement filed by the Insurance Company before the Tribunal reveals that no plea as to contributory negligence of the deceased for the accidental death had at all been taken. Even otherwise, the submission of Mr. Sinha that that in a case where a person falls down from a bus the insurer would not be liable to pay any compensation cannot be accepted for the simple reason that in a base where a person travelling at the roof-top of a bus is thrown out, the insurer would be liable to pay compensation, as has been held earlier by this Court in the case of D.M., New India Assurance Co. Ltd. v. Sanjukta Mallik and Ors. reported in 2001 (1) AIR 537. In view of the aforesaid discussion this Court does not find any reason to disagree with the findings of the Tribunal that due to rash and negligent driving of the bus the accidental death of the Conductor had occurred.
Orissa High Court Cites 3 - Cited by 0 - A S Naidu - Full Document
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