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2002 Supreme(Cal) 339

A.N.RAY, MAHEMMAD HABEEB SHAMS ANSARI, ASHIM KUMAR BANERJEE
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
TARA SUNDARI PHAUZDAR – Respondent


Advocates Appeared:
A.HAMID KURESHI, B.GHOSH, BHUDEV BHATTACHARYA, F.RAHAMAN, K.BANIK, KAMAL KRISHNA DAS, RAJESH SINGH, S.P.CHAKRAVORTY, SATYEN BANERJI, SOURENDRA NATH GANGULY, SUVRA CHAKRABORTY, Tapan Kumar Roy, TAPAS KUMAR MUKHERJEE

AJOY NATH RAY, J.

( 1 ) SEVEN reference matters have come up before us on account of conflicting different bench decisions of our court. Those seven matters are as follows: (1) f. m. a. no. 1110 of 1997 tara sundari. (2) f. m. a. no. 1790 of 2000 anjan chowdhury. (3) f. m. a. no. 147 of 1998 md. Saitul haque. (4) f. m. a. no. 1107 of 1997 sujauddin sarkar. (5) f. m. a. no. 1453 of 2000 premlata chowbey. (6) f. m. a. no. 1429 of 2000 sanatan hazra. (7) f. m. a. no. 1472 of 2000 tripti majhi.

( 2 ) THE main reference was made in the case of tripti majhi, where v. k. gupta, j. , as his lordship then was, speaking for the division bench said as follows in the beginning of the judgment:"in this appeal, the point of law involved as to whether an appeal by an insurance company against an award of the motor accidents claims tribunal only on the question of quantum of compensation is maintainable or not. "

( 3 ) LATER on during the judgment his lordship further explained that the conflict arose out of an unreported division bench judgment (unreported at that time) in united india insurance co. Ltd. V. Gita rani mondal, 2001 acj 1692 (calcutta ). That judgment was delivered by me and the d


















































































































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