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1992 Supreme(Kar) 136

UNITED INDIA INSURANCE COMPANY LIMITED, BANGALORE – Appellant
Versus
KALAVATI DEVI – Respondent


Advocates:
B.ASVATHAIAH, C.K.KAMBEYANDA, K.T.GURUDEV PRASAD

M. RAMA JOIS, J.

( 1 ) THE facts of this appeal presented by the united India insurance company demonstrates that the insurance company has to safeguard itself against the acts ofits own agents and officers in order to avoid the foisting of non-existent liabilityagainst it:

( 2 ) THE brief facts of the case which are disturbing are these: the lorry bear in gregistration No. Mez 4578 belonging to the 5th respondent met with an accident at6. 30 a. m. on 7-5-1984. Respondents 1 to 4 filed a claim petition before the tribunalon the allegation that the husband of the first claimant and the father of claimants 2to 4 died in the motor accident. The appellant-insurance company was made as arespondent in the claim petition and it was alleged that at the time when the vehiclemet with the accident it was covered by an insurance policy issued by the appellant. before the tribunal, on behalf of the insurance company, the only evidenceadduced was the policy of insurance dated 7-5-1984. for the period commencingfrom 7-5-1984 to 6-5-1985. The tribunal proceeded on the basis, that as the policywas dated 7-5-1984 the insurance must be dcemed to have existed at the time of theaccident. Accordingly, th














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