Court : Guwahati
Decided on : Aug-19-1986
..... of insurance complying with the requirements of chapter viii of the act. sub-section (2) of section 95 prescribes the limits of liability an insurance policy is to cover, subject to the proviso to sub-section (1). the limit of liability of the insurer under section 95(2)(a) can be enhanced by any contract to the contrary. ..... the statutory limit. as was held in united india fire and general insurance co. ltd. v. minaxiben harishchandra joshi, air 1978 guj 108, sub-section (2) of section 95 prescribes the minimum requirement of the insurance policy but it is open to the insurer to cover risk to a larger extent, and if he ..... been held in para 5 of the report that the measure of liability of the insurer has to be ascertained with reference to section 95(2) of the act. section 94 of the act requires that no person shall use a goods vehicle, unless there is in force in relation to the use of the vehicle, ..... with full cover of the vehicle against any sort of loss or damage, the policy is usually described as fully comprehensive. further clauses may contain a degree of personal accident insurance, by affording compensation for injuries or death sustained by the assured himself by reason of his use of the vehicle ; a ' ..... chowk went off the road and knocked safat ali down causing severe injuries as a result of which he died on the way to the medical college hospital the same afternoon. the vehicle after knocking safat ali down knocked and damaged a pan shop on the southern side of the road .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-01-1986
..... those exceptions are not repeated in such definition, penal provision or illustration.it is thus seen that the provisions of sections 299 to 302, i.p.c. are also to be understood subject to the general exceptions though not repeated in those sections. as such, even when the acts of the accused may amount to culpable ..... another person. therefore, the appellants were to establish (1) 'the existence of the circumstances' that the deceased had committed 'an offence' affecting their body; (2) that the appellants had reasonable apprehension of death or of grievous hurt by the assailant; (3) that there was no time to have recourse to the ..... the injuries on the appellants go to show that on 4-2-82 they sustained the injuries by sharp cutting weapons. the injuries on appellant no. 1, subodh ..... was lying, vide ext. 3, the seizure list.5. there can be no dispute that basudeo verma died of the injuries sustained by him on 4-2-82, the date of occurrence. the deceased had the following injuries ;(1) ante-mortem, fresh, cut injuries, incised-looking lacerated wounds closely placed on ..... as an indoor patient from 4-2-82 to 16-2-82. on the very same date appellant no. 1, subodh tewari also came to the dispensary for treatment and the doctor found incised wounds on his person and referred him to civil hospital after rendering some medical aid in the health centre.7. .....Tag this Judgment!