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2016 Supreme(Mad) 4036

S.M.SUBRAMANIAM
National Insurance Co. Ltd. – Appellant
Versus
K. Rajasekaran (Died) – Respondent


Advocates Appeared:
For the Petitioner:S. Srinivasa Raghavan, Advocate, Srinivasa Raghavan, Advocate
For the Respondent:C. Jawahar Ravindran, Advocate, J. Lawrance, Advocate, K. Bhaskaran, Advocate, V. Chandrasekar for P. Muthuvijayapandian, Advocate

JUDGMENT :

S.M. Subramaniam, J.

CRP(MD) No. 1821 of 2007 and CMA(MD)Nos.1646 and 500 of 2007 are filed against the common order passed by the Motor Accident Claims Tribunal, (Principal District Judge), Dindigul, in MCOP.Nos.851 and 850 of 2002 and 361 of 2001. The accident occurred on 19.11.1998 around 16.45 hours on Chittoor-Honnavara NH road near Karjeevanahalli Gate, Sira Taluk, Tumkur District, Karnataka State. It is the case where the Ambassador Car dashed with the parked Lorry on the road causing death of two persons and injury to one person. The victim and the legal representatives of the deceased filed applications seeking compensation, and the Tribunal, considering the facts and circumstances of the cases, awarded compensation.

2. The learned counsel for the appellant insurance company contended that the Ambassador Car, in which, the victims were travelling was insured with the appellant and "Act only policy" was taken by the owner of the vehicle and the same will not cover the passengers, who were travelling in a private Car and therefore, the Tribunal ought to have exonerated the appellant insurance company from the liability. Accordingly, the insurance company is not liabl





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