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1968 Supreme(Mad) 445

ALAGIRISWAMI
Venguard Insurance Co. Ltd. , Madras – Appellant
Versus
Chinnammal – Respondent


Advocates:
N. Venkatarama Iyer, for Appellant; P. Ananthakrishna Nair, for Respondents.

Judgement

JUDGMENT :- This appeal is against the judgment of the Motor Accidents Claims Tribunal, Tirucnirapalli, awarding compensation to the dependants of the deceased Murugan. He was travelling in a lorry belonging to the insured and insured by the appellant insurer. The Tribunal has found that Murugan died as a result of the rash and negligent driving of the insured vehicle by the employee of the insured. On behalf of the insurer which was added as a party to the proceedings before the Tribunal, two objections were taken. One was that the insurance policy did not cover a case of this kind, that it was intended to cover any accident or injury caused to an employee of the insured and not to the employee of any other person, that as in this case the deceased Murugan was the employee not of the insured, but of the person whose goods were carried in the insured vehicle, the policy does not cover the liability for an accident caused to Murugan. The second contention was that the insured vehicle was being driven contrary to the conditions of the permit relating to that vehicle and therefore the insurer was not liable . As regards the second objection, the Tribunal has pointed out that




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