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2014 Supreme(SC) 59

P. SATHASIVAM, RANJAN GOGOI, SHIVA KIRTI SINGH
HANUMANAGOUDA – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD. – Respondent


JUDGMENT

SHIVA KIRTI SINGH, J.

1. Heard learned counsel for the appellant and learned counsel for the respondent-Insurance Company.

2. Due to accident involving a goods vehicle, a lorry, two persons died and others received injuries. All the thirteen claim petitions were decided by a common judgment dated 21.01.2002 by the Motor Vehicle Accidents Claim Tribunal (hereinafter referred to as 'The Tribunal')presided by the Principal District Judge at Raichur (Karnataka). This appeal relates only to claim filed by dependents and legal representatives of deceased Hanumanth which included his widow Smt. Mariyamma and three minor children, who are respondents 2 to 4 in this appeal. The Tribunal allowed their claim in MCV No. 616 of 1999 and held them entitled for compensation of Rs.2,55,000/- from the owner-cum-driver of the lorry, the appellant and also from respondent-Insurance Company as they were held responsible jointly and severally. The claim was allowed with 6% interest from the date of claim petition till its realization with costs fixed atRs.200/-.

3. In appeals preferred by the Insurance Company, the High Court by the order under Appeal dated 17.10.2005 interfered with the Award mad





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