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1999 Supreme(Ker) 418

K.K.USHA, D.SREEDEVI
United India Insurance Co. Ltd. – Appellant
Versus
Sabeer Ali – Respondent


Judgment :-

K.K. Usha, J.

These appeals arise out of a common award of the Motor Accidents Claims Tribunal, Manjeri in O.P. (M.V.) Nos. 474, 551, 621, 477,622, 552, 620, 479, 553, 623,504,476,889,550,860 and 475 of 1990. Along with the above petitions one more claim petition was disposed of by the Tribunal i.e. O.P. (M.V.) 478/90, which is not appealed against. The appeals are at the instance of the Insurance Company, who was the insurer of a jeep with registration Number KLL 4862 which was involved in an accident on 17.12.1989. Seventeen persons were carried in the vehicle at the time of the accident. Three among them died and the remaining passengers sustained injuries. The Tribunal found that the accident happened due to the negligence on the part of the driver of the jeep who was impleaded as the first respondent in the petitions. The 2nd respondent was the owner and 3rd respondent, the insurer of the jeep.

2. A contention was raised on behalf of the 3rd respondent that it is not liable to indemnify the 2nd respondent i.e. the insured in this case as there was a breach of a specified condition of the policy. According to the Insurance Company, the vehicle which had permit to carr
















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