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ABDUL MAJID KHAN vs THE EASTERN GENERAL INSURANCE Co. Case No — 1970 PLD 70

Citation: 1970 PLD 70

Court: Sindh High Court

Year: 1969

Decision Date: 1969-03-27

Parties: ABDUL MAJID KHAN vs THE EASTERN GENERAL INSURANCE Co.

Headnotes

Result: Case remanded JUDGMENT JUDGMENT NOORUL ARFIN, J.----This first appeal arises on an insurance policy covering a commercial vehicle, that is, Bus No. KAP-4762, for the period from 4th June 1958 to 3rd June 1959.

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Afzal Zullah, Noorul Arfin Title: ABDUL MAJID KHAN vs THE EASTERN GENERAL INSURANCE Co. Case No.: Civil Appeal No. 95 of 1963 Date of Judgment:1969-03-27 Reported As: PLD 1970 Karachi 70 Result: Case remanded JUDGMENT JUDGMENT NOORUL ARFIN, J.----This first appeal arises on an insurance policy covering a commercial vehicle, that is, Bus No. KAP-4762, for the period from 4th June 1958 to 3rd June 1959. This vehicle met an accident at the crossing of Frere Road and Hasan A.I Effendi Road between 7 and 8 a.m. On 19th January 1959, the accident being caused, according to the statement of the driver, P. W. Himmat Yar KJhan, when the bus ran over a traffic island when this witness turned the bus to avoid collision with an auto rickshaw which had suddenly appeared in front of the bus. In consequence, the front bumper, axle, spring, column axle, steering brakage and other parts suffered serious damage. The respon--dent insurance company was informed of this accident by the appellant's letter dated 20th January 1959. The bus was also inspected by the representative of the insurance company, to whom the appellant duly submitted his claim. However, no reply was received from the company, with the result that the appellant had the bus repaired himself at a cost of Rs. 4,500, to recover which sum, as well as another sum of Rs. 1,500 on account of loss of profit for the period from 20th January 1959, to 16th March 1959, the appellant filed…

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