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1999 Supreme(MP) 737

S.P.SRIVASTAVA, R.B.DIXIT
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
RAM MURTI – Respondent


Advocates Appeared:
B.N.MALHOTRA

S. P. SRIVASTAVA, J.

( 1 ) HEARD the learned counsel for the insurer appellant.

( 2 ) PERUSED the record.

( 3 ) FEELING aggrieved by the award of motor Accidents Claims Tribunal in the proceedings under the Motor Vehicles Act, whereunder the insurer also stands saddled with the liability in regard to the payment of the amount determined to be payable as compensation to the claimants apart from the driver and the owner of the offending motor vehicle, it has come up in appeal seeking modification of the award providing that the insurer will not be liable to pay the amount in question.

( 4 ) THE facts in brief shorn of details in respect whereof there is no dispute lie in a narrow compass: The offending motor vehicle, an Ambassador car bearing registration No. CPK 7638, initially belonged to and was owned by Ram Kripal, the present respondent No. 6. Suresh Kumar, the present respondent No. 4, had purchased the same from Ram Kripal on 26. 5. 1990. On the date of accident, i. e. , 26. 6. 1990, the aforesaid motor vehicle was being driven by Sanjay Kumar, the present respondent no. 5. Insurance policy issued in favour of Ram Kripal in respect of the offending motor vehicle was to remain














































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