Supreme Court · 1964 INSC 135 · Decided 24 April 1964
New Asiatic Insurance CO. LTD v. Pessumal Dhanamal Aswani and ORS.
- Court
- Supreme Court of India
- Citation
- 1964 INSC 135 · [1964] 7 S.C.R. 867
- Case number
- CIVIL APPEAL No. 1043/1963
- Decided
- 24 April 1964
- Bench
- K. SUBBA RAO, K.C. DAS GUPTA, RAGHUBAR DAYAL (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 96(2), 93, 94, 95, 96
Headnote
78.0.R. SUPREME COURT REPORTS 867 NEW ASIATIC INSURANCE CO. LTD. v. PESSUMAL DHANAMAL ASWAN! AND ORS. fK. SUBBA RAO, K. C. DAS GUPTA AND RAGHUBAR DAYAL, JJ.J Motor Vehicles Act-(4 of 1939), ss. 93 to 96-Scope of. A had insured his car with the appellant under a comprehen­ sive policy. A injuries. Both C and D were in the car. The heirs of C and D filed suits for damages. Notices under s. 96(2) of the Motor Vehicles Act, 1939 were issued to the appellant who there~on took out a Chamber Summons contending that the notice was bad in law. Alternatively it was contended that the
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