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2002 Supreme(Mad) 1208

PRABHA SRIDEVAN, R.JAYASIMHA BABU
Kumar (Minor) – Appellant
Versus
National Insurance Co. Ltd. and Others – Respondent


Advocates Appeared: For the Appellant:Mrs.B.Krishnaveni, for Mr.T.R.Rajaraman. For the Respondent 1:Mr.N.Vijayaraghavan, Advocate, other:Mr.A.Muthukumar, Advocate

Judgment :-

R.JAYASIMHA BABU, J.

The appellant in all these appeals is the owner of the lorry involved in the accident. On 23.7.1987, the lorry was carrying steel rods and some employees of the appellant. The 6th respondent in L.P.A.No.4 of 1999, who has since been given up, was the driver. He drove the lorry in a rash and negligent manner when he took a turn, which resulted in the death of four employees, who travelled in the lorry and injury to another. The Tribunal awarded compensation to the legal representatives of the deceased, making the insurer and the insured liable to pay the compensation. On appeal, the learned single Judge absolved the insurance company from liability to pay compensation and, therefore, the owner of the lorry has filed the present appeal.

2. The principal contention advanced for the owner is that the driver of the vehicle, the vehicle admittedly being a lorry, was in possession of a licence which permitted him to drive heavy passenger vehicles and, therefore, the driver should be regarded as having possessed a licence to drive the lorry as well. Reliance is placed on the definitions of 'heavy goods vehicle' and 'heavy passenger motor vehicle' as found in













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