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2002 Supreme(Online)(Mad) 1

MADRAS HIGH COURT
, J
United India Insurance Co. Ltd. v. A. Govindan


1. United India Insurance Co. Ltd., aggrieved by the award of the Motor Accidents Claims Tribunal (Sub-Court), Dharmapuri, has filed the above appeals. Since the question is one and the same in all these appeals, they are being disposed of by the following common order. The only contention raised by the learned counsel appearing for the appellant insurance company is that whether the awards passed by the Tribunal in all these cases are sustainable or not? Inasmuch as the lorry - goods vehicle involved in the accident was used as a transport vehicle which is in violation of the statutory provision as well as the insurance policy.

2. In order to find out an answer to the said question, I shall refer the brief facts which are required. It is the case of the appellant insurance company that on 8.12.89 while the respondents - claimants were going to attend a marriage at Nariyanapalli in a goods vehicle, namely, lorry DTT 2126, they sustained injuries due to capsizing of the lorry. It is their definite case that since the goods vehicle is intended to carry goods only and the claimants who used the said lorry to carry them to attend a marriage in a neighbouring village is in violation of t












































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