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2004 Supreme(MP) 512

A.M.SAPRE, ASHOK KUMAR TIWARI
Oamodar – Appellant
Versus
Rajendra Singh – Respondent


Advocates:
Sameer Verma for appellants;
Oandwate for respondents No.3 and 6.

ORDER

1. The decision rendered in this appeal shall also govern disposal of other appeals being M.A. 628/2002, M.A. 722/2002 and M.A. 766/2002 because all these appeals which are filed by the claimants arise out of one common award dated 21.11.2001 and secondly they also arise out of same accident.

2. This is an appeal (M.A. 642/2002) filed by the claimant against an award dated 21.11.2001 passed in Claim Case No. 68/99 by III MACT, Indore. By impugned award, the Tribunal awarded a sum of Rs. 1,64,500/- to the claimants for the death of one Anil, who died at the age of 18 in a motor accident. According to the claimants, the award of Rs. 1,64,500/- is on lower side and hence it needs to be enhanced. It is for this purpose, the claimants have filed this appeal for enhancement. So the question involved in this appeal is whether any case for enhancement is made out and if so, to what extent ?

3. Heard Shri Sameer Verma, learned counsel for appellants and Shri Dandwate, learned counsel for respondents No.3 and 6.

4. It may be stated that all other findings such as manner in which the accident occurred, the issue regarding liability on the insured/insurer, the issue regarding negligent manne






















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