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1997 Supreme(Kar) 530

M.F.SALDANHA
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
SAROJINI – Respondent


Advocates:
A.LOBO, O.MAHESH, S.PRAKASH SHETTY

M. F. SALDANHA, J.

( 1 ) TWO interesting points of law, both of far-reaching consequences have been agitated in this pair of appeals which concern the same unfortunate incident. On 30. 5. 1992, a Premier padmini car met with an accident in which the son and niece of the insured Narayana shetty died. Two separate claims were preferred before the M. A. C. T. , Belgaum and by order dated 6. 7. 1996, which is a common order in both the petitions a sum of Rs. 2,80,000 less Rs. 25,000 already received was awarded in respect of the death of the son and a sum of Rs. 1,02,400 less Rs. 25,000 already received was awarded in the case of the death of the girl anitha along with interest and costs. By the present two appeals, the insurance company has seriously contested the awards in respect of certain specified heads only. There is a common challenge in respect of both of them whereby the appellant contends that the amount of Rs. 1,00,000 which has been paid separately under a separate clause of the policy must be taken into account while quantifying the total compensation payable and as far as the second case is concerned, the appellant contends that the claimants who happen to be the two mar


















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