MUFTI BAHA-UD-DIN FAROOQI, A.S.ANAND, I.K.KOTWAL
United Fire And General Insurance Co Ltd. – Appellant
Versus
Lakshmi Shori Ganjoo – Respondent
1. A common question of law as to whether it is open to an Insurance Company to challenge the quantum of compensation awarded by the Motor Accident claims Tribunal in an appeal filed in the High Court, arises in the three appeals which are under consideration by us. The matter was referred to the Full Bench because when one appeal i. e. Civil Misc. First Appeal No. 80 of 1977 came up for disposal before a Division Bench of this court, comprising Mian Jalal-ud-Din, Chief Justice and Mir J, their Lordships were of the opinion that there was some divergence of opinion of this subject in the different High Courts in the country and consequently they made the following order of reference on 27th October, 1979.
"The point sought to be raised in this appeal relates to the quantum of compension as awarded by the Motor Accidents Claims Tribunal in favour of the respondents.
A preliminry objection has been raised on behalf of the respondents that it is not open to the appellant to challenge the quantum of compensation awarded by the Tribunal. The argument is founded on the language employed in Section 96(2) and Section 110(C) and (D) of the Motor Vehicles Act.
Mr. Ganjoo has
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