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2017 Supreme(P&H) 1093

AMIT RAWAL
Bimla Devi – Appellant
Versus
Ram Phal – Respondent


Advocates Appeared:
Mr.C.B.Goel, Advocate, for the appellant (in FAO No.1190 of 1997) & for respondent No.1 in CR No.3421 of 1997.
Mr.Mukesh Verma, Advocate for Mr.Ashish Gupta, Advocate, for respondent No.2 (in FAO No.1190 of 1997).
Mr.R.C.Kapoor, Advocate for National Insurance Company.

JUDGMENT :

AMIT RAWAL, J.

CM No.10826-CII of 2016 in FAO No.1188 of 1997

Prayer in the application is for fixing the case for actual date of hearing. The application is supported by an affidavit.

For the reasons mentioned in the application, the hearing of the case is preponed to today.

Application stands disposed of.

FAO No.1190 of 1997 & connected matters

1. This order of mine shall dispose of four matters, i.e., FAO Nos.1190, 1359 and 1188 of 1997 and Civil Revision No.3421 of 1997 as the common questions of law and facts are involved.

2. FAO Nos.1190 of 1997 and 1188 of 1997 have been filed by the claimants for seeking enhancement of compensation, whereas FAO No.1359 of 1997 and Civil Revision No.3421 of 1997 are at the instance of the National Insurance Company Limited challenging the compensation awarded to the claimants vis-a-vis the injuries and damage to the Scooter.

3. I would be taking the appeal preferred by the Insurance Company, whereby award of the Motor Accident Claims Tribunal (for short “Tribunal”) has been challenged on the ground that the driver of the truck did not have the effective and valid licence on the date of the accident, which had taken place on 4.6.1994.

4. Mr.













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