NATIONAL INSURANCE CO LTD Vs. 1 S IBRAHIM

JUDGEMENT

(1.) These two Appeals have been preferred by the Insurance Company. By consent of the parties, both the Appeals are taken together as it arises out of the same accident and they are disposed of by this common judgment.

(2.) In the First Appeal (CMA. No.317 of 2006), the Insurance Company is aggrieved against the grant of award of compensation to the deceased on the ground that the Insurance Company is not liable to pay the compensation.

(3.) As far as the second case (C.M.A. No.778 of 2008) is concerned, the Appellant-Insurance Company has preferred the Appeal against the award granted in favour of the Claimants for death of their son Palani who was also traveling in the transport vehicle on the ground that he was neither owner of the vehicle nor the goods. Whereas, the lower Court has considered him as Collie which is not the case put forward by the Claimants and therefore, the award granted to them under law is not liable to be paid by the Insurance Company.