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Oriental Fire & General Insurance Co. ... vs Bachan Singh And Ors. on 5 January, 1982

7. In the present case, it is undisputed fact that the trailer was insured with the original opponent No.4 - The New India Assurance Company Limited as per policy Exh.99. The said policy shows the name of insured as Hitendrasinh R. Solanki. It is also an admitted fact that the appellant original opponent No.4 did not take any contention either in the written statement Exh.95 or at any stage before the Tribunal. Both the grievances on the part of the appellant inasmuch as no award can be passed against the Insurance Company in absence of the owner on one hand and objection as to whether the appellant can be permitted to raise this question first time before this Court or not are answered by the judgment delivered by the Hon ble Division Bench of this Court in the case of (The) Oriental Fire & General Ins. Company (supra) in favour of the appellant.
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