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1985 Supreme(Del) 182

S.B.WAD
USHA SEHGAL – Appellant
Versus
CHHOTE – Respondent


Advocates Appeared:
O.P.GOYAL

S. B. Wad, J.

( 1 ) THIS is an appeal filed against the order of the Motor Accidents Claims Tribunal dated 5-9-1979 whereby the Tribunal awarded a sum of Rs. 1,09,718. 00 with cost of the proceedings to the claimants. The Tribunal also directed that the liability of the New India Assurance Company Limited, respondent No. 5 was limited to Rs. 50,000. 00. An award for the balance amount has been passed against respondents I and 2 jointly and severally. The Insurance Company has deposited the said amount of Rs. 50,000. 00 and the claimants are paid that amount. This appeal was listed for hearing on 23-1-1985. Neither the respondents nor the counsel were present. The appeal was allowed by me on that date with enhanced compensation and interest. Subsequently, applications were moved on behalf of the D. T. C. respondent No. 4 and New India Assurance Co. Ltd. , respondent No. 5 explaining their absence on the date of hearing and further praying for the re-hearing of the appeal. I was satisfied with the explanation given in the said applications and the appeal was therefore set for re-hearing.

( 2 ) ON 25-9-1974 at about 8-30 A. M. Narinder Prakash Sehgal, the deceased was going on his cyc




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