NATIONAL INSURANCE CO LTD Vs. SHANKUNTALA AGRAWAL

JUDGEMENT

(1.) THIS appeal has been filed jointly by the insurer and owner of the offending vehicle - truck bearing registration No.MP-26/9641 against the award dated 29.04.1999 passed by Fourth Additional Motor Accidents Claims Tribunal, Raipur (henceforth "the Tribunal") in Motor Claim Case No.59/95 whereby a sum of Rs.3,32,564/- was awarded as compensation to the claimants for the death of deceased - Sushil Kumar Agrawal in the motor accident on 24.04.1995 along with interest @ 12% per annum from the date of filing of the claim petition till actual payment.

(2.) SHRI Santosh Bharat, learned counsel for the respondents/claimants submitted that a joint appeal by the Insurer and the owner of the offending vehicle is not maintainable in view of the dictum of the Apex Court in the case of Chinnama George & others Vs. N.K. Raju and another1.

(3.) LEARNED counsel for the Insurer Shri Gautam Khetrapal faced with the above dictum of the Apex Court could not satisfy us about the maintainability of the joint appeal by the Insurance Company and the owner of the offending vehicle.