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2001 Supreme(Kar) 229

H.N.TILHARI, K.R.PRASADA RAO
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
ULLASINI N. KAMBLE – Respondent


Advocates:
ANANT MANDGI, G.BALAKRISHNA SHASTRI, JAYAKUMAR S.PATIL, K.N.SRINIVASAN, S.K.V.Chalapathy, S.P.SHANKAR

HARI NATH TILHARI, J.

( 1 ) THESE appeals arise out of common judgment and award delivered by motor accidents claims tribunal No. 10, Bangalore city, in m. v. c. Case No. 1222 of 1986. The tribunal by award dated 9. 8. 88, has assessed the compensation in total to be Rs. 4,47,000 and awarded it to the extent of Rs. 3,50,250 with interest at 9 per cent per annum. The tribunal opined that accident in question did take place on account of no doubt, negligence of the driver of the vehicle tvs 50 bearing registration No. Aaq 920, but there was contributory negligence of the deceased to the extent of 25 per cent in the causing of or in the taking place of accident, and as such, it held that petitioners claimants are entitled to a total sum of Rs. 3,50,250, as compensation from the respondents before, with reference to 75 per cent negligence of rider/driver of vehicle and as such awarded the same with interest at the rate of 9 per cent per annum on the said amount. M. f. a. No. 203 of 1989, has been filed by the insurer, while appeal m. f. a. No. 2597 of 1988, has been filed byd. V. Chandrashekarthe rider of the vehicle and insurer and the appeal bearing m. f. a. No. 716 of 1989, has been


























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