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2021 Supreme(Mad) 2111

ABDUL QUDDHOSE
Bajaj Allainz General Insurance Company Limited, Nungambakkam, Chennai – Appellant
Versus
P. Kothandam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :J. Michael Visuvasam, Advocate
For the Respondent:V.G. Anbarasu, Advocate

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 14.10.2014 in MCOP.No.998 of 2007 on the file of the Motor Accident Claims Tribunal (II court of Small Causes), Chennai.)

1. This appeal has been filed challenging the award dated 14.10.2014 passed by the Motor Accident Claims Tribunal (IInd Court of Small Causes, Chennai) in MCOP.No.998 of 2007.

2. The Appellant Insurance Company has challenged the impugned award questioning its liability to pay compensation on the ground that under a contractors plant and machinery policy, they are not liable to pay compensation to the first respondent/claimant as he is an employee of a contractor engaged by the second respondent (insured). They have also questioned their liability to pay compensation on the ground that the insured vehicle being a Fork lift, which is operated not in a public place and was operated inside a ship when the first respondent/claimant sustained injuries. It is also the contention of the Appellant insurance company that the maximum liabi







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