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1997 Supreme(MP) 598

TEJ SHANKAR
NEW INDIA ASSURANCE COMPANY, LIMITED – Appellant
Versus
PREM – Respondent


Advocates Appeared:
B.N.MALHOTRA, N.D.SINGHAL

TEJ SHANKAR, J.

( 1 ) THE abovementioned three appeals arise out of three claim petitions brought by Smt. Prem (Claim Petition No. 59/92), Smt. Narayanibai (Claim Petition No. 58/92) and Smt. Shanti (Claim Petition No. 60/92 ). They have arisen out of the same accident but different claim petitions were preferred. Hence the learned Court below decided them separately though it appears that evidence was recorded only once and carbon copy was placed on the record of the two remaining cases. As common question of law has been raised they are being disposed of by this common order.

( 2 ) THE factual position over all is admitted. It is admitted that an accident had taken place on 16-7-1992 when the claimants were going in Metador No. MP 08 8265 owned by Gopal Krishna Tiwari and driven by Pappu. It was claimed by the claimants that they were engaged as labour for collecting muram and were going on the said vehicle. It was claimed that on Narwar road it was being driven rashly and negligently by Pappu driver as a result of which it turned turtle causing injuries to the claimants. The claimants claimed different amounts in their different petitions as compensation. All the three claim peti











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