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2024 Supreme(Mad) 2540

IN THE HIGH COURT OF JUDICATURE AT MADRAS 
N. ANAND VENKATESH
National Insurance Company Ltd Situated at Villupuram – Appellant
Versus
Sanjai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.D.Bhaskaran (Both CMAs)
For the Respondent: Mr.K.Raj Kumar (Both CMAs) for M/s.R.Bharath Kumar

Table of Content
1. the appeals concern a common issue regarding liability. (Para 1 , 2)
2. details of the accident and tribunal's compensation decision. (Para 3 , 4)
3. insurance company's challenge to liability based on policy cancellation. (Para 5 , 8 , 10)
4. court's analysis of policy status and liability. (Para 6 , 7 , 11 , 12 , 13 , 14)
5. insurance company not liable; responsibility lies with vehicle owner. (Para 15)
6. concluding order allowing the appeals. (Para 16)

JUDGMENT :

N. ANAND VENKATESH, J.

1. The issue that has been raised in both these appeals are common and therefore, both these appeals are taken up together, heard and disposed of through this common order.

2. The Insurance Company has filed these appeals against the award passed by the Motor Accidents Claims Tribunal (III Additional District Judge), Villupuram @ Kallakurichi, in M.C.O.P.Nos.453 of 2018 and 454 of 2018, dated 20.09.2022.

3. The case of the claimants is that the claimant in M.C.O.P.No.453 of 2018, was the rider of the two wheeler and the claimant in M.C.O.P.No.454 of 2018 was the pillion rider in the two wheeler and on 8.7.2018 they were travelling at Salem – Chennai National High Road. On the place of oc

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