Court : Chennai
Reported in : (1977)2MLJ335
S. Ratnavel Pandian, J.1. The unsuccessful plaintiffs in O.S. No. 247 of 1974 on the file of the Court of the Subordinate Judge, Coimbatore, are the appellants herein. They filed the suit for the recovery of a sum of Rs. 44,287-15 from the respondent-defendant viz., the Southern Railway, towards the damages alleged to have been suffered by them due to the loss of cotton caused on account of the alleged negligence and default of duty on the part of the servants of the defendant railway. It was alleged that the first plaintiff despatched 135 bales of full pressed cotton from Washim Railway Station in Madhya Pradesh State to Pulankinar Railway Station in Madras State (now Tamil Nadu) under Railway Receipts Nos. 725059 and 725058 dated 3rd February, 1964 at railway risk, in pursuance of the order placed by the second plaintiff with the first plaintiff. The third plaintiff viz. the Pioneer Fire and General Insurance Co. had covered the said consignments by issuing a policy in favour of the ...
Tag this Judgment!Court : Chennai
Reported in : (1998)1MLJ609
..... indemnify the insured. the other contention is that the learned judge has committed an error in coming to the conclusion that the injured and the deceased passengers were travelling in the lorry along with their merchandise and as such, they were not covered under the terms and conditions of the policy covering the ..... on the virudhunagar kallakurichi road, an accident took place in which some persons lost their lives and other sustained injuries. the legal representatives of the deceased passengers who travelled in the lorry claimed various amounts as compensation stating that the lorry involved in the accident was driven rashly and negligently by its driver ..... purpose of the policy. further their lordships observed thus:the national commission went for the strict construction of the exclusion clause. the reasoning that the extra passengers being carried in the goods vehicle could not have contributed, in any manner, to the occurring of the accident, was barely noticed and rejected sans any .....
Tag this Judgment!Court : Chennai
Reported in : 1999ACJ136; 1997(3)CTC168; (1998)IMLJ609
..... indemnify the insured. the other contention is that the learned judge has committed an error in coming to the conclusion that the injured and the deceased passengers were travelling in the lorry along with their merchandise and as such, they were not covered under the terms and conditions of the policy covering the ..... the virudhunagar kallakurichi road, an accident took place in which some persons lost their lives and others sustained injuries. the legal representatives of the deceased passengers who travelled in the lorry claimed various amount as compensation stating that the lorry involved in the accident was driven rashly and negligently by its driver ..... purpose of the policy. further their lordships observed thus:-'the national commission went for the strict construction of the exclusion clause. the reasoning that the extra passengers being carried in the goods vehicle could not have contributed, in any manner, to the occurring of the accident, was barely noticed and rejected sans any .....
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