G.G.SOHANI, R.K.VIJAYWARGIYA, K.N.SHUKLA
KASHMIRAN MATHUR – Appellant
Versus
SARDAR RAJENDRASINGH – Respondent
( 1 ) BOTH these appeals by the rival parties arise out of the award made by the Motor Accidents Claims Tribunal, Ratlam is Claim Case No. 4 of 1974 dated 132-1978. These appeals came up for hearing before a Division Bench of this Court where a question arose whether the Claims Tribunal was right in directing that payments received by the claimants on account of the Life Insurance Policy of the deceased. Provident fund, family pension, gratuity and ex gratia payment were deductible from the total amount of compensation assessed on account of the death of the deceased. The Division Bench noted the difference of opinion expressed by different High Courts on this question and referred the appeals for decision by a larger Bench. The appeals have, therefore, been placed before the Full Bench for decision.
( 2 ) THE accident in which Iqbal Bahadur Mathur lost his life occurred on 12-71973 at about 10. 00 p. m. on the main street, of Ratlam city. On the night of the accident, the motor cycle No. MPM 6099 owned and driven by Rajendrasingh (non-applicant No. 1), dashed against Iqbal Bahadur Mathur. Iqbal Bahadur Mathur received injuries and succumbed thereto the same night.
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