( 1 ) THE above miscellanous first appeal is directed against the judgment and award passed by the District Judge Chitradurge in M. V. C. . No. 12 of 1971 dated 5-11-1976 fixing the liability of the insurer at Rs. 10,000/- out of the total compensation of Rs. 25. 048/- and the owner of the vehicle bearing no. MYT 3887 for payment of the balance amount to respondents 1 to 4.

( 2 ) THE appellant is the owner of the lorry bearing No. MYT 3887. Respondents 1 to 4 are the claimants. Respondent-5 is the insurer. Respondent-6 is the driver.

( 3 ) THE claimants instituted a patition before the Motor Accidents Claims tribunal at Chitradurga, claiming compensation of a lakh of rupees for death of one Mohamed Ameer, the husband of the 1st claimant and father of respondents 2 to 4, arising out of the motor accident which took place on 13-3-1971, when he (deceased) was travelling in the said goods vehicle from Davanagere to Hiriyur with his goods loaded in the said vehicle. Facts of the case are that Mohammed Ameer was travelling from davanagere to Harihar with his goods loaded in the vehicle MYT 3887. At 101|2 mile stone near Vanivilasa Sagar Mills, Hiriyur town, the lorry dashed against anoth

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