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1984 Supreme(Kar) 254

S.R.RAJASEKHARA MURTHY, G.N.SABHAHIT
MOHAMMAD IQBAL – Appellant
Versus
BHIMAIAH – Respondent


Advocates:
C.M.MONNAPPA, C.S.SHANTAMALLAPPA, DEVASUNDAR, GOWRI SHANKAR

SABHAHIT, J.

( 1 ) THIS Appeal by the Owner of the vehicle in question is directed against the judgment and award dated 6-12-1983 made on I. A. I, given by the claimants ordering that Rs. 15,000/- shall be paid over by the second respondent, the owner of the vehicle, as compensation under Section 92-A of the Motor Vehicles Act to the claimants.

( 2 ) LEARNED Counsel appearing for the appellant submitted that the amount of Rs. 15,000/- awarded under Section 92-A should have been directed to be paid by the Insurer-3rd respondent in this appeal, as the vehicle was insured on the date of the accident, and the award made was within the liability of the insurer.

( 3 ) ON 6-6-1983 deceased Shrimanth, aged about 6 years, was involved in a motor-accident that occurred at 4. 00 P. M. , on Gulbarga-Sedam Road in front of the Government General Hospital. The bus-HKMS Service No. MYN 3510 caused the accident, resulting in the death of the young boy, namely, Shrimanth. His father made an application claiming compensation of Rs. 10,000/- before the Motor Accidents Claims Tribunal, Gulbarga, in MVC No. 51 of 1983 on its file. Therein, he gave an application I. A. I under Section 92-A, praying that


























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