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Documents citing The Oriental Insurance Company Limited vs Ishwanti And Others on 22 May, 2012

Vicky vs Indra Devi And Others on 9 January, 2025

It is, therefore, plain logic that when the seating capacity of a tractor is for one person, i.e. driver, the other person sitting on it, is not covered under the insurance policy. There is breach of terms 10 of 13 ::: Downloaded on - 14-01-2025 00:22:17 ::: Neutral Citation No:=2025:PHHC:001861 Page 11 of 13 and conditions of the policy and the insurance company should not be made liable for an occur occurrence, which takes place on a vehicle not meant for passengers. Since there is breach in n the terms and conditions of the policy, the insurance company should be absolved of its liability. Reliance has been drawn in this regard in case titled The Oriental Insurance nsurance Co. Ltd. Vs. Ishwanti & Ors. 2013(1) RCR (Civil) 110/111 P&H,, wherein our Hon'ble High Court of Punjab & Haryana has held as under:
Punjab-Haryana High Court Cites 13 - Cited by 0 - Full Document

Smt.Neeta Etc vs Banarsi Dass Etc on 26 March, 2015

The first and foremost issue which requires consideration is that whether the Insurance Company can take a plea that since the deceased was travelling in a tractor,as such, the Insurance Company is not liable to pay the amount, for the first time in appeal. From the pleadings of parties, it is revealed that such plea has not been taken in the written statement and SHALINI BHATIA 2015.04.10 15:11 I attest to the accuracy and authenticity of this document High Court Chandigarh FAO NO. 2213 OF 2003 (O&M) -6- as such, the Insurance Company cannot take this plea for the first time in appeal. Moreover, when no appeal or cross- objections have been preferred by the Insurance Company. The Insurance Company cannot take the benefit of The Oriental Insurance Company Limited's case (supra) and IFFCO TOKIO General Insurance Company Limited's case (supra). Moreover, a labourer can travel in a tractor to pursue his agricultural operations.
Punjab-Haryana High Court Cites 7 - Cited by 0 - K C Puri - Full Document
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