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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 6295 of 2003

PETITIONER:

United India Insurance Co. Ltd.

RESPONDENT:

Jyotsnaben Sudhirbhai Patel & Ors.

DATE OF JUDGMENT: 11/08/2003

BENCH:

K.G. Balakrishnan & P. Venkataramma Reddi.

JUDGMENT:

J U D G M E N T

(Arising out of SLP[C] No. 13002 of 2002)

K.G. BALAKRISHNAN, J.

Leave granted.

Aggrieved by the order passed by the Division Bench of the Gujarat High

Court, the United India Insurance Company has come up in appeal by way of

special leave. The appellant was the third respondent in a motor accident claim

preferred by respondents 1 to 3 herein, who are legal heirs of one Sudhirbhai

Jayrambhal Patel who died in a motor accident on 27.8.1994. Respondents 1 to

3 claimed a total compensation of Rs.80 lacs and the Motor Accident Claims

Tribunal (Special), Vadodra, passed an award for RS.32,50,000/- with interest at

the rate of 12% per annum from the date of application till realisation. From the

impugned judgment of the Tribunal dated 15.5.1999, it appears that the first

respondent, the driver of the offending