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2006 Supreme(Kar) 431

CHIDANANDA ULLAL, V.JAGANNATHAN
NATIONAL INSURANCE COMPANY LIMITED, NIPPANI BRANCH, BELGAUM – Appellant
Versus
LAGAMANNA – Respondent


Advocates:
Advocate Appeared
Sri A.N. Krishnaswamy, Advocate for Appellant;
Sri Vigneshwar Shastri, Advocate for Caveator-Respondents-1 to 3 are served.

V. Jagannathan, J.,

JUDGMENT

In this appeal, National Insurance Company has questioned the finding of the Tribunal saddling liability on it to pay the compensation to the injured claimants.

2. We have heard learned Counsel Sri A.N. Krishna Swamy for the appellant and the learned Counsel Sri Vigneshwar Shastri for the respondents. It is contended by Sri A.N. Krishna Swamy that the policy in question does not cover the risk of the coolies carried in the tractor-cum-trailor as no extra premium was paid to cover such a larger liability and in view of this position, it is not in dispute between the parties that the Tribunal could not have fastened the entire liability on the Insurance Company, but at the most, it could have confined the liability of the respondent-Insurance Company to that which arises out of the Workmen's Compensation Act, 1923. In this regard, reliance is placed on the decision of the Apex Court. So far as the quantum of compensation is concerned, learned Counsel for the respondent has got no grievance. Therefore, the only issue is whether the Tribunal was right in fastening the entire liability on the Insurance Company.

3. In view of there being no dispute insofar as the









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