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1986 Supreme(Kar) 261

S.R.RAJASEKHARA MURTHY, M.N.VENKATACHALIAH
RAYTA, M. S. – Appellant
Versus
GOWRAWWA CHANNABASAPPA – Respondent


VENKATACHALIAH, J.

( 1 ) THE two appeals are by the Union of india and its Defence Department. They arise out of and are directed against the common Judgment and a separate awards dated 16-1-1986 made in M V C. Nos. 39 of 1984 and 115 of 1984 respectively, on the file of the Motor Accident claims Tribunal I, Belgaum, awarding compensations in the two actions-one, a fatal accident's action and the other a personal injury action. The claims before the Tribunal frose out of an accident that occurred at 9 a. m. on 28-12-1983 involving Appellants' Military Vehicle no. 76-C 13703-A.

( 2 ) IN M. V. C. No. 39 of 1984, the claimant is Gowrawwa-the mother of one Chandru Channabasappa Shivapure. In M. V. C. No. 115 of 1984, a certain dada Peer is the claimant. The said chandru, aged about 30 years, died and dada Peer injured in the accident that occurred on the National High Way No. 4 near Nittur Village between Khanapur and Belgsum. The driver of the said military vehicle, though not authorised so to do, picked-up and gave a lift to these two parsons after collecting some money by way of fare from them. On the way from Khanapur to Belgaum, the vehicle hit a road-side tree. Chandru died. Dada














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