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1988 Supreme(Pat) 41

S.B.SINHA
New India Assurance Company Limited – Appellant
Versus
Sarda Devi – Respondent


Judgment

1. These three appeals arise out of a common award dt. 7th July, 1979, passed by the Judicial Commissioner, Ranchi, in M.J.C. (Motor Claims) case No. 123 of 1977 whereby and whereunder an application for claim filed on behalf of Smt. Sarda Devi, Pratibha Devi and Laxmi Narain Singh in terms of S.110A of the Motor Vehicles Act (hereinafter called for brevity as the Act) for grant of compensation on account of the death of one Vidyadhar Singh was allowed. Miscellaneous Appeal No. 73 of 1979(R) has been filed by the New India Insurance Company Ltd. The appellant of the aforementioned appeal has mainly challenged the award, inter alia on the ground that the said Insurance Company is not liable to pay any amount of compensation as the truck in question was not insured with it. It has further been contended that the claim petition filed as against the said appellant is barred by limitation.

2. Miscellaneous Appeal No. 75 of 1979(R) has been filed on behalf of the claimants. In the said appeal an award relating to the quantum of compensation granted by the learned tribunal below is in question. It has been contended inter alia, in the aforementioned appeal that appellant No. 1 Smt







































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