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National Insurance Company Ltd. And ... vs Narendra Kumar Jhanjhri on 17 March, 1989

5. The contention of the learned Counsel for the appellant, is that since the insurance of the tractor involved in the accident was admitted and since the 9th respondent did not produce the policy ofthe insurance the Tribunal was in error in dismissing the claim against the 9th respondent. It is his contention that the Tribunal was in error in holding that the deceased was travelling as a passenger in the tractor at the time of the accident, when in fact the deceased and his brother-in-law were travelling in the tractor as coolies of the owner of the tractor, for loading and unloading the goods that were being carried on in the trailer of the tractor involved in the accident, hence the 9th respondent is also liable to pay the compensation. He relied on National Insurance Company Limited v. Mallabai and others, 1999 ACJ 223, New India Assurance Company Limited v. Ram Kishore and others, 1999 ACJ 231, National Insurance Company v. Narendra Kumar, , and Amrit Lal Sood v. Kaushalya Devi Thapar, , in support of his contention.
Patna High Court Cites 38 - Cited by 9 - Full Document

Amrit Lal Sood & Anr vs Smt. Kaushalya Devi Thapar & Ors on 17 March, 1998

5. The contention of the learned Counsel for the appellant, is that since the insurance of the tractor involved in the accident was admitted and since the 9th respondent did not produce the policy ofthe insurance the Tribunal was in error in dismissing the claim against the 9th respondent. It is his contention that the Tribunal was in error in holding that the deceased was travelling as a passenger in the tractor at the time of the accident, when in fact the deceased and his brother-in-law were travelling in the tractor as coolies of the owner of the tractor, for loading and unloading the goods that were being carried on in the trailer of the tractor involved in the accident, hence the 9th respondent is also liable to pay the compensation. He relied on National Insurance Company Limited v. Mallabai and others, 1999 ACJ 223, New India Assurance Company Limited v. Ram Kishore and others, 1999 ACJ 231, National Insurance Company v. Narendra Kumar, , and Amrit Lal Sood v. Kaushalya Devi Thapar, , in support of his contention.
Supreme Court of India Cites 7 - Cited by 210 - Full Document

The New India Assurance Co. Ltd vs Smt. Shanti Bai & Ors on 6 February, 1995

The contention of the learned Counsel for the 9th respondent is that the averments in the petition disclose that the deceased and his brothers-in-law made a request to the driver of the tractor to give lift to them and so it is clear that the deceased was travelling as a gratuitous passenger in the tractor at the time of the accident and so the 9th respondent is not liable to pay the compensation and relied on New India Assurance Company Limited v. Suresh Chandra Pair a and others, (1994) II ACJ 1245, New India Assurance Company Limited v. Shanti Bai and others, 1995(1) ACJ 470, Oriental Fire and General Insurance Company Limited v. Ravulalpalli Subbamma, , and National Insurance Company Limited v. Prasanna Kumar Mitra and others, , in support of his contention.
Supreme Court of India Cites 8 - Cited by 135 - Full Document

The National Insurance Co. Ltd. vs Prasanna Kumar Mitra And Ors. And ... on 5 March, 1993

The decisions Prasanna Kumar Mitra (supra) and Suresh Chandra Patra and others (supra) relied on by the learned Counsel for the 9th respondent are not applicable to the facts of this case, because they relate to the extent of liability of the insurer which is not the point in issue in this case. The decisions relied on by the teamed Counsel for appellants have no application to the facts of this case, because the 1st appellant as legal representatives of the deceased owner (i.e., insured) could have produced the policy insurance.
Orissa High Court Cites 26 - Cited by 2 - A Pasayat - Full Document

New India Assurance Co. Ltd. vs Ram Kishore And Ors. on 8 July, 1997

5. The contention of the learned Counsel for the appellant, is that since the insurance of the tractor involved in the accident was admitted and since the 9th respondent did not produce the policy ofthe insurance the Tribunal was in error in dismissing the claim against the 9th respondent. It is his contention that the Tribunal was in error in holding that the deceased was travelling as a passenger in the tractor at the time of the accident, when in fact the deceased and his brother-in-law were travelling in the tractor as coolies of the owner of the tractor, for loading and unloading the goods that were being carried on in the trailer of the tractor involved in the accident, hence the 9th respondent is also liable to pay the compensation. He relied on National Insurance Company Limited v. Mallabai and others, 1999 ACJ 223, New India Assurance Company Limited v. Ram Kishore and others, 1999 ACJ 231, National Insurance Company v. Narendra Kumar, , and Amrit Lal Sood v. Kaushalya Devi Thapar, , in support of his contention.
Madhya Pradesh High Court Cites 1 - Cited by 3 - Full Document

National Insurance Co. Ltd. vs Mallabai And Ors. on 3 April, 1997

5. The contention of the learned Counsel for the appellant, is that since the insurance of the tractor involved in the accident was admitted and since the 9th respondent did not produce the policy ofthe insurance the Tribunal was in error in dismissing the claim against the 9th respondent. It is his contention that the Tribunal was in error in holding that the deceased was travelling as a passenger in the tractor at the time of the accident, when in fact the deceased and his brother-in-law were travelling in the tractor as coolies of the owner of the tractor, for loading and unloading the goods that were being carried on in the trailer of the tractor involved in the accident, hence the 9th respondent is also liable to pay the compensation. He relied on National Insurance Company Limited v. Mallabai and others, 1999 ACJ 223, New India Assurance Company Limited v. Ram Kishore and others, 1999 ACJ 231, National Insurance Company v. Narendra Kumar, , and Amrit Lal Sood v. Kaushalya Devi Thapar, , in support of his contention.
Madhya Pradesh High Court Cites 0 - Cited by 1 - Full Document
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