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1985 Supreme(Del) 234

N.N.GOSWAMY
USHA MEHRA – Appellant
Versus
NARESH CHAND – Respondent


Advocates Appeared:
B.R.SABHARWAL, G.K.SHARMA, S.K.AGRAWAL

N. N. Goswamy, J.

( 1 ) THIS appeal by the claimants for enhancement of compensation is directed against the award dated 26th July, 1980 passed by the Motor Accident Claims Tribunal Delhi whereby the claimants were awarded a total compensation of Rs. 97,000. 00 with interest and costs. The Insurance Company was held liable to the extent of Rs. 50. 000. 00 in view of the provisions of section 95 of the Motor Vehicles Act (here-in-after called "the Act" ). Two sets of cross objections have also been filed. One set is by the Insurance company and the owner and the other by the owner and the driver. This judgment will dispose of the appeals as also the cross-objections.

( 2 ) IT was alleged in the petition under section 110-A of the Act filed by the claimants that Mahinder Nath Mehra aged 40 years working as Managing Director of Kem Metal Powder Private Ltd. Sahibabad, U. P. had gone in the morning of 15th October, 1978 to the Holy Family Hospital to visit his ailing father. He had gone in his car which had been provided by the company. The said car developed some trouble and he managed to get a scooter which was the only other vehicle available with the company. The said Shri Mabinder





















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