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2003 Supreme(SC) 748

K.G.BALAKRISHNAN, P.VENKATARAMA REDDI
United India Insurance Co. LTD. – Appellant
Versus
Jyotsnaben Sudhirbhai Patel – Respondent


JUDGMENT

K.G. Balakrishnan, J.-Leave granted.

2. Aggrieved by the order passed by the Division Bench of the Gujarat High Court, the United India Insurance Company has come up in appeal by way of special leave. The appellant was the third respondent in a motor accident claim preferred by respondents 1 to 3 herein, who are legal heirs of one Sudhirbhai Jayrambhai Patel who died in a motor accident on 27.8.1994. Respondents 1 to 3 claimed a total compensation of Rs. 80 lacs and the Motor Accident Claims Tribunal (Special), Vadodra, passed an award for Rs.32,50,000/- with interest at the rate of 12% per annum from the date of application till realisation. From the impugned judgment of the Tribunal dated 15.5.1999, it appears that the first respondent, the driver of the offending vehicle and the second respondent, the owner of the vehicle appeared before the Triunal, but did not file any written statement refuting the allegations made in the petition. The Tribunal has stated that these respondents did not step into the witness box to explain the circumstances and the manner in which the actual mishap took place. It was further stated that in view of that, the Tribunal was compelled t































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