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2006 Supreme(Kar) 846

H.L.DATTU, A.S.BOPANNA
ORIENTAL INSURANCE COMPANY LIMITED, BANGALORE – Appellant
Versus
D. LAXMAN – Respondent


Advocates:
Advocate Appeared
Sri A.N. Krishna Swamy, Advocate for Appellant in all M.f.As.;
Sri Ashwini S. Halady, Advocate for Respondent-l in all M.F.As.;
Sri J.M. Anil Kumar, Advocate for Respondents-2, 3 and 4 in M.F.A. No. 2971 of 2002;
Sri S.P. Shankar, Senior Counsel for Sri Y. Lakshmikanth Reddy, Advocate for Respondent-2 in M.F.A. Nos. 2974, 2977, 2978 and 2979 of 2002.

H.L. Dattu, J.,

JUDGMENT

Since a common question of law is involved in all these appeals, they are clubbed together, heard and disposed of by this common order. At the outset, we intend to notice that these appeals are posted before us in view of the order passed by the learned Single Judge of this Court dated 15-7-2004. The learned Single Judge, while referring the matter for consideration and decision of this Court has stated, that, since an important question of law is involved in these appeals, the matter requires to be considered and decided by a Division Bench of this Court.

2. The appellant in these appeals is common. The respondents are different. The appellant is an Insurance Company. The respondents are the wife and children of one late Sri Mookappa in W.C. No.4 71 of 1999, injured Sri Mallikarjuna in W.C. No. 343 of 1999, Sri Hanumanthappa in W.C. No. 344 of 1999, Sri Siddaiah in W.C. No. 345 of 1999 and Sri Sanna Appaiah in W.C. No. 346 of 1999.

3. The brief facts are:

The date of accident was 5-2-1999. The vehicle that was involved in the accident was a tractor bearing Registration No. KA-35 M-851 and a trailer bearing Registration No. MYY 7100. The deceased and the injure































































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