D.M.DHARMADHIKARI, MISS USHA SHUKLA
United India Insurance Co. Ltd. – Appellant
Versus
Ramdas Patil – Respondent
Dharmadhikari, J.–1. This appeal is by, the Insurance company against the award dated 5.3.99 of the Claims Tribunal Durg, awarding a sum of Rs. 4,42,000/-, with 12% interest, as compensation for the death of Sanjay Patil who was found to be 28 years of age on the date of motor accident which took place on 19.5.96.
2. On the question of maintainability of the appeal by the Insurance Company on the grounds of quantum and alleged contributory negligence of the other vehicle which collided with the vehicle in which the deceased was travelling, learned counsel sought permission of this Court to address the Court generally on the question as to under what circumstances the' Insurance Company can be allowed to appeal against the award of the Claims Tribunal. Since the question of maintainability of the appeal arose in number of other cases filed by the Insurance Company, such as; M.A. 1143/99,520/99,1139/99, 363/97,913/98 and M.A. 1195/95, this Court allowed all the counsel appearing for tile Insurance Companies in all the above mentioned cases to address this Court on the question of maintainability of the appeal by the insurer alone. We are thansful that on our request Shri Alok Ar
3. Sarjubai v. Gurudip Singh and others = (1994 ACJ 997)
4. National Insurance Co. Ltd. v. Sandhya Rani Singha and others = (1998 ACJ 543).
5. United India Insurance Co. Ltd. v. Pratibha Rathi and others = (1995 ACJ 819)
10. Budhia Swain and others v. Gopinath and others = (1999 (4) SCC 396)
7. Satnam Verma v Union of India = (AIR 1985 SC 294)
8. Patel Narshi Thakershi v. Praduman Singhji Arjunsinghji = (AIR 1970 SC 1273)
9. Indian Bank v. Satyam Fibers (India.) Pvt. Ltd. = [(1996) 5 SCC 550]
1. British India General Insurance Co. Ltd. v. Captain Itbar Singh and others = (AIR 1959 SC 1331).
2. Narendra Kumar and another v. Yarenissa and others = [1998 ACJ 244
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