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1996 Supreme(Kar) 110

UNITED INDIA INSURANCE COMPANY LIMITED, SESHADRIPURAM, BANGALORE – Appellant
Versus
LAKSHMAMMA – Respondent


CHANDRASHEKARAIAH, J.

( 1 ) THIS appeal is filed by the Insurance Company challenging the judgment and award dated 21-9-1994 passed in Motor vehicle Case No. 2186 of 1989 on the file of Motor Accidents claims Tribunal, Bangalore.

( 2 ) THE legal representatives of one Sri S. Y. Lakshminarayana Reddy, filed a claim petition before the Accidents Claims tribunal in respect of the death of above said Sri S. Y. Lakshminarayana Reddy in the accident occurred on 9-8-1989. The Tribunal, after appreciating the evidence, awarded the compensation of Rs. 1,61,000/- with current interest at 6% p. a. Aggrieved by the said award, the Insurance Company filed this appeal, contending that the driver of the lorry who drew the vehicle on the date of the accident had a licence only to drive light motor vehicle and he had no licence to drive heavy motor vehicle i. e. , lorry (heavy goods vehicle ). The contension of the appellant that as the driver was not authorised to drive the vehicle involved in the accident, the appellant-Insurance company is not liable to indemnify the insured. In support of this contention, the Counsel for the appellant had brought to my notice Exhibit D-1 which is a History Sheet









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