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1997 Supreme(Mad) 221

S.S.SUBRAMANI
Branch Manager, National Insurance Co. Ltd. – Appellant
Versus
Murugesh – Respondent


Advocates Appeared:
For the Petitioner:N. Rosi Naidu, Advocate.
For the Respondents:M. Baskar, Pushpa Sathyanarayanan, V. Sairam, S. Viswanathan, Advocates.

Judgment :-

1. All these Revision and Civil Miscellaneous Appeals arise from a common judgment passed by the Motor Accidents Claims Tribunal (Sub Court) Pudukottai.

2. In all these cases, Insurance Company who is second or third respondent before the Tribunal, is the revision petitioner or appellant.

3. In the counter - affidavit filed by the Insurance Company, it disputed its liability mainly under three heads namely, (1) the vehicle that was involved in the accident, was already transferred to one S.K. Muthu, and the transfer has not been informed to the Insurance Company, and so long as there is no contract between the purchaser and the Insurance Company, it is not liable to compensate the victims; (2) at the time when the accident occurred, there were more than 13 persons as loadmen in the lorry, which is violation of the conditions of the policy which permits only six loadmen excluding the driver. Since the driver has carried more than six persons, it is exonerated from the liability, and

(3) alternatively, it contended that even if the company is held liable it could be made liable only to six loadmen, and not to all the injured.

4. I will consider these points in seriatim.

5.





























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