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2003 Supreme(Kar) 1043

T.S.Thakur, S.Abdul Nazeer
Bhimavva – Appellant
Versus
Shankar – Respondent


Advocates Appeared:
B.C.Seetha Rama Rao, Basavaraj Kareddy, G.R.Ramesh, M.Sowri Raju, Manikappa Patil, S.P.Shankar,

JUDGMENT

1. These appeals arise out of a common Order passed by addl. District judge and M. A. C. T., Gulbarga, whereby M. V. C. Nos. 348, 349 and 350 of 1989 have been allowed in part and an amount of Rs. 25,000 each awarded as compensation for the death of Hanuman Tharaya, Narasamma and a minor child named Sri Manth in a road accident. The claimants have appealed to this court for a suitable enhancement of the said amount and for holding the insurance company liable to make payment of the amount payable to them.

2. The deceased Hanumantharaya, his wife Narasamma and their two minor children, named, Adeappa and Sri Manth were on 11.7.1989 travelling in a tractor-trailer owned by Pampanagouda and insured with the respondent No. 3 insurance company. When the tractor which was carrying stones for construction of a hay shed of the owner reached near Dyamnal village, it met with an accident and turned turtle resulting in the death of the aforementioned three persons and injuries to Adeappa and another passenger, named, Shivappa travelling in the same. M. V. C. Nos. 348 and 349 of 1989 were in the due course filed by the mother of the deceased Hanumantharaya and his two minor children Bas


















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