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1999 Supreme(MP) 649

D.M.DHARMADHIKARI, USHA SHUKLA
ORIENTAL INSURANCE CO. LTD – Appellant
Versus
GOPAL SINGH – Respondent


Advocates Appeared:
Amrit Ruprah, ASHOK LALVANI, N.S.Rupesh, SANJAY KUMAR AGARWAL

D. M. DHARMADHIKARI, J.

( 1 ) THIS appeal and the connected appeal Misc. Appeal no. 218 of 1997 between the same parties under section 173 of the Motor Vehicles act, 1988 preferred by the insurance company has been filed against the common award dated 2. 1. 1997 passed in two Claim petition Nos. 77 and 78 of 1990 respectively arising out of the same accident by the First Addl. Motor Accidents Claims tribunal, Katni and is being decided by this common judgment with connected appeal M. A. No. 306 of 1997, Gopal Singh v. Rajendra Kumar Joli and M. A. No. 307 of 1997, Gopal Singh v. Rajendra Kumar joli, filed by the claimants in the two claim cases. The appellant insurance company in this appeal and in connected M. A. No. 218 of 1997 filed by it, prays for a direction that it be absolved from the liability for payment of compensation on the ground that on the date and time of accident, there was no insurance coverage. The other two connected appeals M. A. Nos. 306 and 307 of 1997 have been filed by the claimants seeking enhancement of compensation awarded for two deaths in the accident.

( 2 ) ON 29. 4. 1990 in the early hours of morning at about 6. 30 Nanhi alias Durgesh, wife of claim

























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