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2003 Supreme(Kar) 683

N.K.JAIN, T.S.THAKUR, MOHAN M.SHANTANAGOUDAR, H.G.RAMESH, V.G.SABHAHIT
BHIMAVVA – Appellant
Versus
SHANKAR ALIAS ADYA – Respondent


Advocates:
B.C.SITHARAMA RAO, Basavaraj Kareddy, MANIKAPPA PATIL, Rama Rao, S.P.SHANKAR

N. K. JAIN, V. G. SABHAHIT, J.

( 1 ) IN view of the order dated 29-7-2003, passed by the Chief Justice, this reference is placed before us on 6-8-2003. The Division Bench vide order dated 7-7-2003 had referred these matters to the Full bench considering the law declared in noorulla v. P. K. Prabhakar, ILR 1999 Kant 2725 : (AIR 2000 Karnataka 1) is no longer good law in the light of the pronouncements of the Supreme Court. The Full Bench of this Court, on consideration that Full Bench cannot sit in judgment on the decision of a co-ordinate Bench has made this Reference to a Five Judge Bench vide order dated 29-7-2003 in M. F. A. No. 2124/1993 c/w mfa Nos. 3586, 3808 and 4340 of 1997, mfa 3797/1994 and MFA 1800/1998. The question that arises for determination before this Bench is the extent of liability of insurance company to indemnify the owner under the Act policy against the compensation awarded by Motor Accidents Claims Tribunal under the Motor Vehicles Act (hereinafter called the M. V. Act) in a claim by injured workman or legal representatives of deceased workman who has opted to file claim petition before the Tribunal under the act. Whether such liability of insurance company













































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