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2012 Supreme(SC) 556

G.S.SINGHVI, FAKKIR MOHAMED IBRAHIM KALIFULLA
REBEKA MINZ – Appellant
Versus
DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. – Respondent


JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.-These appeals at the instance of the claimants before the Motor Accidents claims Tribunals challenge the common order of the High Court of Orissa, Cuttack dated 05.03.2009 passed in MACA No.821 of 2007 and MACA No.953 of 2007. MACA No. 821 of 2007 was preferred by the appellants while MACA No.953 of 2007 was preferred by the first respondent-Insurance company in the High Court. The husband of the first appellant died in an accident on 04.01.1995 when he was returning from the plant site on a scooter bearing registration No. OR-06-7703 around 6.30 a.m. near NALCO Nagar on NH- 42 at a place called Smelter Chhak, due to rash and negligent driving of the driver of the truck bearing registration No. ORA-4241.

2. The appellants being the wife and children of the deceased preferred the claim before the Motor Accidents Tribunal in MAC case No.21 of 1995. The Tribunal, after analyzing the entire evidence placed before it, awarded a sum of Rs. 10,08,000/- as compensation along with interest at the rate of 7% per annum with effect from 03.02.1995 to 22.08.1995 and again from 16.01.2007 till the payment within one month. While the appellants were a






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