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2001 Supreme(Kar) 281

H.N.TILHARI, K.R.PRASADA RAO
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
H. D. NAGARATHNAMMA – Respondent


Advocates:
B.ANJANEYULU, F.S.Dabali, H.G.Ramesh, R.B.SADASHIVAPPA, S.P.SHANKAR

TILHARI, J.

( 1 ) THIS appeal arises from the judgment and award dated 24. 5. 1999 passed by M. A. C. T. , Bangalore City in M. V. C. No. 2222 of 1997.

( 2 ) ON the request of the learned counsel for the respondents-claimants with agreement of counsel for appellant, this appeal is being heard and disposed of on merits.

( 3 ) THE Tribunal after having recorded the findings on all issues in favour of the claimants (which we need not go in detail) awarded a total sum of Rs. 16,56,640 with interest at 6 per cent per annum from the date of application to the date of deposit of the amount. The Tribunal held that both the owner and insurer of the vehicle in question are jointly and severally liable to pay the amount of compensation. Feeling aggrieved from the award of the Tribunal, the insurer has come before this court by way of appeal.

( 4 ) WE have heard Mr. H. G. Ramesh, learned counsel for the insurer, insurance company, as well as Mr. F. S. Dabali, counsel for the respondents-claimants as well as Mr. S. P. Shankar, counsel for the respondent owner.

( 5 ) MR. H. G. Ramesh, very vehemently contended that as admittedly in the present case, the vehicle in question that caused the accide











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