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1998 Supreme(Kar) 554

H.N.TILHARI
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
FLORRENTINA HILARIO GONSALVES – Respondent


Advocates:
M.SOWRI RAJU, Vishnu D.Bhat

TILHARI, J.

( 1 ) THIS revision petition and the m. f. a. arise from the judgment and award dated 2. 6. 1994 given in m. v. c. No. 579 of 1990 and in m. v. c. No. 747 of 1990 on the file of the district judge acting as m. a. c. t. at karwar. The tribunal after having held that the injuries to the claimants have been caused due to negligence in driving of the vehicle in question by the driver of the vehicle. It further held that claimants in m. v. c. No. 579 of 1990 and in m. v. c. No. 747 of 1990 were entitled to the compensation to the tune of Rs. 7,750 and Rs. 80,000 respectively and awarded the same to the petitioners in two cases with costs and interest at the rate of 6 per cent per annum from the date of petition till the date of payment. The tribunal fastened the liability jointly and severally on the owner of the vehicle as well as the insurance company, namely, the owner of the vehicle who is respondent No. 2 in the revision petition filed by the revision petitioner before this court. Feeling aggrieved from the award of the tribunal the insurance company has come up before this court for exercising of supervisory jurisdiction under Section 115 of the civil procedure code.

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