( 1 ) A learned single judge of this court found that the earlier division bench has not considered the Provisions of order 41, Rule 22 of the Civil Procedure Code which enables the cross-objector to take grounds which could have been taken in respect of the findings which are against him and, therefore, the decision of this court in United India Insurance Co. Ltd. V. V. Balasubramanyam, 1990 ACJ 736 (karnataka), relying on the earlier decision in National Insurance Co. Ltd. V. H. N. Rama Prasad, 1985 ACJ 864 (karnataka), holding that in appeal filed by the insurance company, the scope of appeal is limited and the question of quantum cannot be gone into by filing cross-objections requires reconsideration. Hence he referred the matter to the Hon'ble chief Justice to constitute a larger bench vide order dated 22. 1. 2002.

( 2 ) THUS vide order dated 1. 4. 2002 passed by the Hon'ble chief justice, this reference is placed before us on 8. 4. 2002.

( 3 ) THE necessary facts leading to the order of reference are: one prakash jogi while he was going on moped on 20. 10. 96 collided with a lorry and died. Respondent nos. 1 to 3 and one devappa, petitioner nos. 1 to 4, filed a