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1971 Supreme(Mad) 201

RAGHAVAN
Motor Owners Insurance Company Limited – Appellant
Versus
V. Daniel and Another – Respondent


Advocates Appeared:N. Sivaswami, Syed Ahmed, Advocates.

Judgment :-

RAGHAVAN J.

The second respondent in the lower court is the petitioner herein. The above revision petition is directed aganist the order in O.P. No. 583 of 1966 on the file of the Accidents Claims Tribunal, Madras, under section 110A of the Motor Vehicles Act awarding compensation to the 1st respondent herein of Rs.1, 330. The 1st respondent filed the above O.P. claiming compensation of Rs.5, 000 for the injuries alleged to have been caused to him by the rash and negligent driving of lorry M.S.Y. 3068 belonging to the second respondent on October 2, 1966, at 9 p.m. in Wall Tax Road, Madras. The vehicle was insured to the petitioner-company. The insurance company denied that the accident was brought about by any rash and negligent driving of the vehicle. In any event, it is contended that the claim is excessive. The insurance company raised a further contention that the driver of the vehicle, M.S.Y. 3068, by name Pakkiriswami did not hold a valid licence to drive the vehicle at the time of the accident. The licence held by him expired on February 12, 1966, itself. The insurance company, therefore, contended that they are not liable to meet the claim. The tribunal held tha







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