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1990 Supreme(MP) 404

R.C.LAHOTI
BHAGWAN DAS – Appellant
Versus
NATIONAL INSURANCE COMPANY LTD. , GWALIOR – Respondent


Advocates Appeared:
B.N.MALHOTRA, V.K.Shrivastava

R. C. LAHOTI, J.

( 1 ) TWO of my learned brothers, Dr. T. N. Singh and K. K. Verma, JJ. have, while disposing of M. A. No. 97/85, differed in their opinions on the question of enhancement of compensation payable to claimant/respondent for his son Pappu's death and Hon'ble the Chief Justice has been pleased to constitute this Bench for hearing the appeal.

( 2 ) A single accident gave rise to three claim petitions. All were disposed of by a common order by the Claims Tribunal. The owner and the driver preferred three appeals registered as M. A. No. 90/85, 97/85 and 98/85. In all the three cases, the respective claimants preferred cross-objections seeking enhancement. The three appeals, with respective cross-objections were heard by the Division Bench and disposed of by a common order, the two learned Judges recording separate opinions. They agreed in conclusion in so far as M. A. No. 90/85 and M. A. No. 98/85 were concerned. This M. A. No. 97/ 85 has survived for consideration of the questions as to whether Ramchandra (claimant)'s cross-objection has to be allowed and compensation awarded to him for his son's death enhanced; which of the defendants would be liable to compensate the c















































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