LAWS(DLH)-2001-7-160

MAMTA RANI Vs. VIKRAM SINGH

Decided On July 27, 2001
MAMTA RANI Appellant
V/S
VIKRAM SINGH Respondents

JUDGEMENT

(1.) In this case, the only short point, which is required to be considered, is :

(2.) Learned Counsel for the appellants relies upon the judgment in Oriental Insurance Co. Ltd. v. Cheruvakkara Nafeessu and Others, VIII (2000) SLT 801 =1 (2001) ACC 335 (SC)=2001 ACJ 1 (SC). In that case, after considering the case of National Insurance Co. Ltd. v. fugal Kishore, I (1998) ACC 327 (SC)=1988 SCR (2) 910, the Supreme Court in paras 9 and 10 observed as under :

(3.) On the other hand, in support of his contention that the Insurance Company is not liable to pay beyond limited liability, learned Counsel for respondent No. 3/ Insurance Company relies upon the judgment in National Insurance Co. Ltd. v. Jugal Kishore and Others (supra). It may be mentioned that the judgment in Jugal Kishore's case (supra) was specifically considered in Oriental Insurance Co. Ltd. v. Cheruvakkara Nafeessu and Others (supra) but was not followed. Consequently, this Court is bound by the said subsequent judgment.