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1990 Supreme(MP) 188

T.N.SINGH, S.K.DUBEY, R.C.LAHOTI
SARMANIYA BAI – Appellant
Versus
M. P. RAJYA PARIVAHAN NIGAM – Respondent


Advocates Appeared:
N.C.JAIN, N.D.SINGHAL, N.P.Mittal

T. N. SINGH, J.

( 1 ) THREE matters are linked up with the Division Bench, making the reference, taking the view that a common question of law arises in all the three matters and the question being of general importance, deserves dicision of a Larger Bench. Claimants/appellants have prayed for enhancement of compensation awarded under section 110b of the Motor Vehicles Act, 1939, for short, the Act, in this appeal. During pendency of the claim petition an order was passed by a learned single Judge of this Court in Civil Revision No. 134 of 1987 on 31-8-1989. By that order claimants' prayer for enforcement of the interim award, passed in the pending claim petition, under S. 92a of the Act, was rejected. Shortly and precisely, challenge to the correctness of the view expressed therein is the basis of the reference made to this Bench.

( 2 ) LEARNED District Judge, Shivpuri, acting as Motor Accidents Claims Tribunal, for short, the Tribunal, had passed the order dated 18-8-1986 (which was impugned in Civil Revision No. 134 of 1987) refusing to enforce interim award by applying the provisions of the Code of Civil Procedure, for short, C. P. C. pertaining to execution of decrees and orde

























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