P.A.MOHAMMAD, S.MARIMUTHU
United India Insurance Co. Ltd. – Appellant
Versus
Pierce Leslie India Ltd. – Respondent
P.A. Mohammed, J.
The main question that arises for decision in this appeal is whether the appellant-m/s. United India Insurance Co. Ltd. is liable to indemnify the owner of the vehicle for the compensation awarded by the Tribunal.
2. The facts required for decision can be summarised thus: The first respondent M/s. Pierce Leslie India Ltd. filed O.P. (M.V.) No. 862 of 1988 claiming a sum pf Rs. 50,998/- as damages caused to the property in the accident occurred on 3.2.1988. The lorry bearing registration number K.E.D.477 owned by the second respondent was allowed to be taken inside the factory and to unload coffee. While so unloading it hit against one of the buildings of the factory and thus damage was caused. After the enquiry the Tribunal found that the accident had taken place on account of the negligent driving of the lorry by the second respondent. It accordingly fixed a sum of Rs. 50,988/-as compensation for the damage sustained to the building. It further found that the appellant was liable to indemnify the owner of the factory for the compensation awarded. Being dis-satisfied with the award the present appeal has been filed by the Insurance Company.
3. S.95(1)(b)(
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