SUSHMA Vs. NITIN GANAPATI RANGOLE

JUDGEMENT

(1.) Leave granted.Civil Appeals @ SLP(Civil) Nos. 21172 of 2021 Civil Appeals @ SLP(Civil) Nos. 1023 of 2022 Civil Appeals @ SLP(Civil) Nos. 21248 of 2021 Civil Appeals @ SLP(Civil) Nos. 337 of 2022

(2.) The appellant-claimants have preferred these appeals being aggrieved by the common judgment dtd. 7/4/2021 passed by the Division Bench of High Court of Karnataka in MAC appeals(In Miscellaneous First Appeal Nos. 102776, 102549, 102775, 102546, 102773, 102547, 102777 and 102550 of 2016 and 100204 of 2017) filed by the appellant-claimants and respondent No.2-Reliance General Insurance Limited (for short the 'Insurer') under Sec. 173(1) of the Motor Vehicles Act, 1988 (for short the 'Act'). The Division Bench of the High Court disposed of the appeals in the following manner: -

(3.) Brief facts relevant and essential for the disposal of the present appeals are that on 18/8/2013, a car bearing registration No. MH-09/BX-4073 (for short 'the car') collided with a 14-wheeler trailer truck bearing registration No. MH-09/CA0389 (for short 'the offending truck') which was left abandoned in the middle of the highway without any warning signs in the form of indicators or parking lights. The collision resulted into the death of the passengers of the car, namely, Sunita, Ashtavinayak Patil, Deepali and the driver Saiprasad Karande at the spot. One of the passengers, namely, Smt. Sushma (wife of deceased- Ashtavinayak Patil) survived the accident, however, sustaining grievous injuries. The car was insured by respondent No. 4-IFFCO-TOKIO General Insurance Co. Ltd. (for short the 'Insurance Company'), whereas, the offending truck was insured by respondent No.2-Insurer.