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National Insurance Co. Ltd. vs. Sinitha & Ors. (SC)

26.00 2.60

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Motor Vehicles Act, 1988–Sec. 163-A–Whether the deceased motorcyclist was the third party or nor ?–Deceased was not the owner of motorcycle–Petitioner Insurance Company was to establish the relationship between the deceased and owner of motor-cycle–Insurance Company could have easily produced the owner or claimants as witnesses–Held, it failed to discharge the burden of proving that the deceased was agent, employee or representative of the owner–Deceased was rightly hold the third party.