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On 02.11.2002 when all the injured persons as well as the persons who have lost their lives in the accident were travelling in the vehicle bearing Reg. No.KA-28/A-2171/mini lorry, belonging to one Mehaboob S/o Kasimsab Kasab of Nalatwad village, Tq. Muddebihal, Dist. Bijapur, who is arrayed as one of the respondents in all the cases, from Rayanapale to Ratnagiri, along with their goods to Ratnagiri to eke out their livelihood in the said place, and the said mini lorry was driven by one Mohammad @ Mohammad Allabax S/o Rajesab Kasab of Nalatwad village, Tq. Muddebihal. It is further the case of the claimants that when the said vehicle came near Hittnalli Petrol Bunk at about 12.20 mid night, the truck bearing Reg. No.DN-09/A-9020 owned by one Laxmikant L. Mishra which was being driven by its driver in a rash manner, came form opposite direction with high speed and dashed against the said mini lorry in which the victims were travelling. Further it is alleged that the driver of the mini lorry on seeing the said vehicle being driven in a rash manner took the vehicle to the extreme left side of the road, despite which the driver of the truck which came from the opposite direction drove the same in a rash manner and dashed against their mini lorry and caused the accident; on account of which the mini lorry toppled thrice on the road and all the victims sustained grievous injuries and out of whom many sustained fatal injuries. In the circumstances, the legal representatives of the deceased victims and the persons who sustained injuries have chosen to file their respective claim petition as detailed supra.

97. Thus, the impugned judgment and award are modified with regard to quantum of compensation in the cases filed by the legal representative of the deceased victims expect in MVC No.72/2002.

98. The impugned judgment and award passed in MVC cases filed by the injured with regard to the quantum of compensation awarded remains unaltered.

99. All the MVC cases filed as against the insurer of the mini lorry namely M/s United India Insurance Company Limited are dismissed and the owner of the said mini lorry viz., Maheboob S/o Kasimsab Kasab is held liable to pay the compensation jointly and severally along with other respondents and accordingly all the Miscellaneous First Appeals filed by M/s United India Insurance Company Limited are allowed.