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Sundarbai And Anr. vs Laxminarayan And Ors. on 14 September, 2005 cites

Sri Inja Venkatrao vs Smt. Sundara Barik And Anr. on 21 August, 1990

6. Further reliance was placed by the learned Counsel for the appellant on a decision in the matter of Inja Venkatrao v. Sundara Barik , wherein in a case of death of a person who was travelling on the roof of the bus, insurance company was held liable for payment of compensation holding that person travelling as passenger on the roof of the bus comes within the meaning of passenger in the bus.
Orissa High Court Cites 3 - Cited by 8 - Full Document

New India Assurance Co. Ltd. vs Punjab Government And Ors. on 6 September, 1989

5. Being aggrieved by the award passed by learned Tribunal, the appellants have preferred the appeal. It is submitted that from the written statement filed by the respondent No. 4, it is evident that the case of respondent No. 4 was that the deceased Premchand was allowed to travel on the roof of the bus in contravention of traffic rules. It is submitted that respondent No. 2 has stated that passengers who were travelling in the bus were returning from the rally and were having the flags along with iron rod. It is submitted that respondent No. 2 was cross-examined on behalf of respondent No. 4 and in para 9 of the cross-examination, it has been suggested that Premchand was allowed to sit by the respondent No. 2 on the roof of the bus. It is submitted that from this fact itself it is proved that the deceased Premchand was allowed to travel on the roof of the bus by respondent No. 2. Hence, claim petition could not have been dismissed by learned Tribunal and insurance company, respondent No. 4 herein, is equally liable for the payment of compensation. For this learned Counsel placed reliance on a decision in the matter of New India Assurance Co. Ltd. v. Punjab Government , wherein on account of death of passenger who was travelling on the roof of the bus and was directed by the conductor as the bus was overcrowded, High Court held that insurance company was liable for payment of compensation holding that there is no breach of a specified condition of the policy.
Punjab-Haryana High Court Cites 5 - Cited by 4 - Full Document
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