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1982 Supreme(All) 283

S. D. AGARWALA, SATISH CHANDRA, K. N. SETH
U. P. STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
. JANKI DEVI – Respondent


Advocates Appeared:
K.M.Pandey, S.K.SHARMA

K. N. SETH, J.

( 1 ) THE following question has been referred to this Bench for decision.

"whether a cross-objection as contemplated by Order XLI, Rule 22 of the C. P. C. is maintainable before the High Court at the instance of respondent to an appeal filed under Section 110-D of the Motor Vehicles Act, 1939 ?

( 2 ) A bus owned by the U. P. State Road Transport Corporation met with an accident at Malviya bridge on 13-12-1973. As a result of the incident Paras Nath Gupta an employee of the State bank of India, Varanasi, received injuries which proved fatal. The heirs of the deceased made an application before the Motor Accidents Claims Tribunal under Section 110-D of the Motor vehicles Act claiming Rs. 2,50,000/- as compensation. The Claims Tribunal by its order dated 21-1-1976 awarded a sum of Rs. 95,942/- as compensation to the claimants. Aggrieved by the award of the Claims Tribunal the U. P. State Road Transport Corporation preferred the above noted appeal to this Court. The claimants did not appeal against the award but filed a cross-objection in the appeal filed by the U. P. State Road Transport Corporation claiming the balance amount of Rs. 2,50,000/- and also interest on the




















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