risk cannot be an arbitrary and
irrational function of the level of efficiency or inefficiency of the
functionaries of the Insurance Co.
In other words ... risk cannot be an arbitrary and irrational function of the level of
efficiency or inefficiency of the functionaries of the Insurance Co., it
cannot
deficiency in service in respect of the function by the statutory authorities other than the sovereign functions.
10. The Hon'ble Apex Court further ... held in Punjab Urban Planning and Development Authority (Supra) that no functionary in exercise of statutory power can claim immunity, except to the extent protected
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