The New India Assurance Co. Ltd. vs Mukesh Chand & Anr.
2010 Latest Caselaw 2979 Del

*                 IN THE HIGH COURT OF DELHI AT NEW DELHI

+                                    F.A.O. No.112 of 2000

%                                                                           04.06.2010

       THE NEW INDIA ASSURANCE CO. LTD.                ...... Appellant
                           Through: Mr. Salil Paul, Advocate.

                                          Versus

       MUKESH CHAND & ANR.                                     ......Respondents
                                     Through: Mr. Navneet Goyal, Advocate for R-1.

                                                            Reserved on: 24th May, 2010
                                                           Pronounced on: 4th June, 2010

       JUSTICE SHIV NARAYAN DHINGRA

1.     Whether reporters of local papers may be allowed to see the judgment?

2.     To be referred to the reporter or not?

3.     Whether judgment should be reported in Digest?

                                    JUDGMENT

1. By this appeal, the insurance company has raised the plea of limited liability and

assailed the award in question. It is undisputed that the insurance company had charged a

premium of Rs.120/- which was premium for 'Liability to Public Risk' and not premium

for 'Act Only Liability'. The premium for 'Act Only Liability' was Rs.100/-.

2. In view of decision of this court in F.A.O. No. 257 of 1991 titled Neeta Trehan &

Ors. Vs. Gopal Krishan & Ors., decided on 17th May, 2010, this appeal is dismissed.

SHIV NARAYAN DHINGRA [JUDGE] JUNE 04, 2010 'AA'