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2004 Supreme(Mad) 1466

P.SATHASIVAM, S.SARDAR ZACKRIA HUSSAIN
National Insurance Company Limited – Appellant
Versus
Chitra & Others – Respondent


Advocates Appeared:For The Petitioner:K.Suryanarayanan, Advocates. For The Respondents:R1 to R5, M.Selvam, Advocate.

Judgment :-

P.Sathasivam, J.

By consent of both parties, the main appeal itself is taken up for disposal.

2. Aggrieved by the award of the Motor Accidents Claims Tribunal(II Additional District Judge), Krishnagiri dated 06.05.2003 made in M.A.C.T.O.P.No.1769 of 2001, National Insurance company Limited, Dharmapuri has filed the above appeal.

3. Heard both sides.

4. Learned counsel appearing for the appellant has raised the only contention that inasmuch as the accident occurred in a private quarry, as per the terms of policy, the respondents 1 to 5-claimants are not liable to pay compensation.

5. With reference to the said contention, learned counsel appearing for the respondents 1 to 5-claimants submitted that in view of the fact that in the place of accident the public have access and in the light of the decision of this Court reported in 2000 (1) CTC 145 (G.BHUVANESWARI AND THREE OTHERS VS. M.SORNAKUMAR AND TWO OTHERS), the Tribunal is justified in granting compensation in favour of the claimants.

6. There is no dispute that in the above referred Division Bench decision, placing reliance on the decision of the Full Bench reported in 1999 T.N.L.J. 144 (UNITED INDIA INSURANCE CO. LTD. V


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