GURMUKH SINGH NAGI Vs. SHEO KARAN

JUDGEMENT

(1.) THIS judgment of mine would dispose of FAO Nos. 728, 729, 844, 845 and 846 of 1984 and Cross Objections No. 73 -CII of 1985 in F.A.O. No. 844 of 1984 as they arise out of one accident which took place on 25th December, 1980. The factum of accident having taken place is admitted.

(2.) THE facts, shortly stated, are that on December 25,1980 a Taxi bearing No. DLT 5458 insured with the National Insurance Company was proceeding from Ambala to Delhi. Truck bearing No. PUC 9911 again insured with the National Insurance Company was going ahead of the aforesaid Taxi and when the Taxi driver tried to overtake the truck, the Taxi rammed into the Bus bearing No. HYB 1904 belonging to the Haryana Roadways. The negligence is proved by the Statements of AW.3 Gurmukh Singh Nagi, P.W.1 Seo Karan Driver of the Haryana Roadways and P.W.2 Satnam Singh, conductor of the Bus.

(3.) THE learned counsel for the Insurance Company Mr. Maharaj Baksh Singh has tried to raise a point on the limited liability of the Insurance Company. He contended that the Company was not liable to pay more than Rupees 10,000/ - per passenger as no additional premium was paid by the insured to the Insurance Company. The plea taken in the written statement to this effect has been read before me. He has cited before me Jalandhar Transport Co. v. Mrs. Raj Bali, (1989)95 P.L.R. 259 L.P.A. No. 419 of 1986 (Piara Singh v. Kaushal Devi), decided on 22.8.1984 , and Des Raj v. Ram Narain for the aforementioned proposition.