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