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2023 Supreme(Kar) 699

SREENIVAS HARISH KUMAR, T. G. SHIVASHANKARE GOWDA
Shah Hussain – Appellant
Versus
Rajaram – Respondent


Advocates appeared:
Koujalagi Chandrakant Laxman, Advocate, Sharanabasappa M. Patil, Advocate, Nandkishore Boob, Advocate, Koujalagi Chandrakant, Advocate, G.B. Yadav, Advocate, Rahul R. Asture, Advocate

JUDGMENT/ORDER

T.G.SHIVASHANKARE GOWDA, J. - In M.F.A.No.201512/2018 and M.F.A.No. 201513/2018, the Insurance Company and in M.F.A.No.201847/2018 and M.F.A.No.201839/2018, the petitioners have challenged the judgment dtd. 30/6/2018 passed in M.V.C.No.757/2015 and M.V.C.No.758/2015 on the file of the III Additional Senior Civil Judge and Motor Accident Claims Tribunal No.XII, Vijaypur (hereinafter referred to as 'Tribunal' for short).

2. The parties will be referred with respect to their status before the Tribunal for the sake of convenience.

3. Briefly stated, the facts are that, the petitioners in M.V.C.No.757/2015 are the children of one Sayedsab Makandar, deceased No.1 and the petitioners in M.V.C.No.758/2015 are the wife and son of Basvantharaigouda Patil, deceased No.2. Both the deceased while traveling from Mumbai to Shorapur in an Ambassador car bearing No.MYR-599 were killed at the spot when their vehicle met with an accident that took place at a place, which was at a distance of 4 Kms. from Theur Fata in Maharashtra State.

4. The petitioners approached the Tribunal seeking compensation. The claim was opposed by the Insurance Company on the grounds that the claim is hopeless

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