NATIONAL INSURANCE CO LTD Vs. PRINTO P JOSE

JUDGEMENT

(1.) The following questions are raised for a decision:

(2.) The accident occurred on 14.10.2003 at about 11.00 a.m. The first respondent was travelling in a tipper lorry bearing No. KL-7/C-8501 as its Cleaner. That vehicle capsized. The first respondent claimed that the said tipper lorry belonged to the second respondent and that he was working under the second respondent at the relevant time. The appellant contended that it has no privity of contract with the second respondent and that the Certificate of Insurance and policy were issued in favour of one M.D. George. In view of that contention the said M.D. George was impleaded as the additional third respondent in the claim petition.

(3.) In the evidence the first respondent claimed that the vehicle which belonged to the third respondent was transferred to the second respondent prior to the accident.