PREMIER INSURANCE CO LIMITED MADRAS Vs. GOKAR RANFARAJU
LAWS(APH)-1969-12-25
HIGH COURT OF ANDHRA PRADESH
Decided on December 03,1969

PREMIER INSURANCE CO.LTD., MADRAS Appellant
VERSUS
GOKAR RANFARAJU Respondents




JUDGEMENT

N.Kumarayya, C.J. - (1.)This is an appeal under clause 15 of the Letters Patent against the order of A. D. V. Reddy. J., in C. M. A. No. 306 of 1968.
(2.)The C. M. A. arose out of O. P. No. 30 of 1965, a petition for compensation, filed before the Motor Accidents Claims Tribunal (District Court, West Godavari) at Eluru. One Chinna Venkanna died of a lorry accident. The 1st respondent was the owner of the said lorry and the 2nd respondent, the driver threrof. The latter was prosecuted, convicted under Section 304-A, L. P. C. and sentenced to six months rigorous imprisonment. The heris of the deceased then filed the said O. P. for compensation under section 110-A (1) (b) of the Motor Vehicles Act. They are the wife and two minor children of the deceased. the 3rd respondent is the Insurance Company with which the lorry was insured. It was made a party at its own instance. The 2nd respondent, the driver of the lorry remained expert. The 3rd respondent disclaimed its liability.
(3.)The Tribunal held that the Ist respondent, the owner of the lorry, was liable to pay compensation in a sum of Rs. 3,500.00 to the petitioners, and that the 3rd respondent, the Insurance Company, was not liable for the same because at the time of the accident, the Vehicle was being driven on a route which was being on a route which was not covered by the permit and there was thus a breach of conditions of the contract with insurance company.
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