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1996 Supreme(Mad) 1009

S.JAGADEESAN
United India Insurance Company Limited, Karur – Appellant
Versus
Nachimuthu and Others – Respondent


Advocates:
N.Rosi Naidu, for Appellant. Mrs.P.T. Asha for M/s.Sarvabhuman Associates, for Respondent No.1.

Judgment :

The insurance company has filed the above appeals against the award in M.C.O.P. Nos.422 and 384 of 1992 on the file of Motor Accident Claims Tribunal, Karur. Since both the O.Ps. arise out of a single accident, the appeals can be disposed of by a common judgment.

2. The claimants in O.P. No.384 of 1992 are the father and brother of one Balu who died in the accident. The claimant in O.P. No.422 of 1992 is the injured in the accident. The claimants’ case is that the deceased Balu and the claimant in O.P. No.422 of 1992 while travelling in a delivery van on 22. 92 at about 8.10 p.m. in Trichy Karur main road, near Kalipalayam, the van dashed against the bus which came in the opposite direction, the said deceased was employed as the person to deliver the goods and another claimant Nachimuthu was the salesman and both of them were travelling in the van as employees of the owner of the goods, since they were entrusted by their employer the work of delivering the articles to the respective persons. The respondents 3 and 4 in C.M.A. No.487 of 1995 and 2 and 3 in C.M.A. No.486 of 1995 are the owner of the van as well as the goods and the owners of the bus respectively.

3. The Tr



























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