ASHA Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal is against an order of the High Court of Karnataka dated 8.2.2000.

(2.) ON 4.3.1996 there was an accident between two vehicles in which a person by name Arun Raikar was killed. He was working with the International Airport Authority of India. The appellants filed a claim before the Motor Accidents Claims Tribunal. The Motor Accidents Claims Tribunal awarded a sum of Rs. 10,67,076. The Claims Tribunal held that there was contributory negligence and, therefore, directed that the amount be paid in equal proportion by the owners and insurer of both the vehicles.

(3.) WITH this conflict of decisions reference may have had to be made to a larger Bench. However, in the case of H.S. Ahammed Hussain v. Irfan Ahammed, 2002 ACJ 1559 (SC), all these judgments have been considered. The case of Chinnama George, 2000 ACJ 777 (SC), has been distinguished and it has been finally held that a joint appeal was maintainable by deleting the name of the insurance company. We are in agreement with this view.