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1994 Supreme(All) 758

S.R.SINGH
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
FIDA ALI – Respondent


Advocates Appeared:
Kuldip Shanker Amist, PRAKASH KRISHNA

S. R. SINGH, J.


( 1 ) PRESENT appeal under Section 173 of the Motor Vehicles Act, 1988, (in short the Act) has its genesis in the order dated 24. 12. 1993 passed by Mr. Chandrama Singh, 14th Additional District judge, Moradabad, while acting as a Judge, Motor Accidents Claims Tribunal, Moradabad, whereby the learned Judge allowed the application seeking review of the award dated 3. 7. 1993 at the behest of the claimants, thereby providing for Rs. 16,000/- more to each of the claimant Nos. 1,2 and 3 towards compensation already awarded to the claimants. The grounds in consideration of which the review application has climaxed into success, are that the Tribunal in its award dated 3. 7. 1993 had subtracted a sum of Rs. 48,000/- by way of deductions owing to lump sum payment of the compensation.

( 2 ) IT is beyond the pale of controversy that the Tribunal had initially worked out a sum of Rs. 2,40,000/- as compensation payable to the claimants out of which a sum of Rs. 48,000/-, approximating to 20 per cent of the amount of compensation, was directed to be slashed on the count of lump sum payment of the compensation. After off-setting the said amount to the tune of rs. 48,000/-, the a















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