LAWS(P&H)-2012-3-23

ORIENTAL INSURANCE CO. LTD Vs. MEENA DEVI

Decided On March 12, 2012
ORIENTAL INSURANCE CO. LTD Appellant
V/S
MEENA DEVI Respondents

JUDGEMENT

(1.) THIS order shall dispose of afore-mentioned six appeals raising common question of law; as to whether the Insurance Company is liable to pay compensation in respect of injuries/death of the passengers travelling on the roof of the bus.

(2.) THE said appeals have been placed before us in view of the conflict of two judgments of this Court reported as The New India Assurance Co. Ltd. v. The Samundri Roadways Co. Pvt. Ltd. and others 1984 PLR 689 and New India Assurance Co. Ltd. v. Punjab Government and others 1989 (2) PLR 568. Since the issue is legal, the facts, as are necessary for appreciating the question raised, are taken from FAO No. 1043 of 1991.

(3.) BEFORE this Court at the time of motion hearing, learned counsel for the appellant relied upon a Single Bench judgment reported as The New India Assurance Co. Ltd. v. The Samundri Roadways Co. Pvt. Ltd. and others 1984 PLR 689 that the Insurance Company is not liable to pay compensation in respect of death and injury of the passangers on the roof top of the bus. Later on, the appeal was admitted by the Division Bench, as the Bench noticed conflict with another judgment reported as New India Assurance Co. Ltd. v. Punjab Government and others 1989 (2) PLR 568.