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1994 Supreme(Raj) 89

MILAP CHANDRA JAIN
Radha Devi – Appellant
Versus
Life Insurance Corporation of India – Respondent


Advocates:
Appearance :
B.L. Mandhana, for the Appellant
S.C. Mittal and G.K. Bhartiya, for the Respondents

Judgment

Milap Chandra Jain, J.-These two appeals have been filed against the judgment of the learned Judge, Motor Accidents Claims Tribunal, Jaipur, dated 17.6.1989, awarding Rs. 69,000/-as compensation to the claimants against the Oriental Insurance Co. Ltd. (in short ‘insurance company’) and the driver, Sharat Chandra Mittal. The Appeal No. 341 of 1989 has been filed by the claimants for the enhancement of the amount of compensation and for passing award also against the Life Insurance Corporation of India (in short ‘LIC’). The Appeal No. 491 of 1989 has been filed by the insurance company for setting aside the award passed against it.

2. The facts of the case giving rise to these appeals may be summarised thus. On 16.1982, the deceased Ram Kishan Mittal, Development Officer with LIC, Chandigarh, was going in the Fiat car No. HRM 225 along with his wife, Radha Devi (claimant No. 1), from Jaipur to Narnaul on the National Highway No. 8. The car was being driven by his son, Sharat Chandra (respondent). At about 11.45 a.m., near Kotputli, the car met with an accident and the deceased Ram Kishan Mittal died the same day as a result of the injuries received by him in the accident. On



























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