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1999 Supreme(MP) 541

D.M.DHARMADHIKARI, MISS USHA SHUKLA
United India Insurance Co. Ltd. – Appellant
Versus
Ramdas Patil – Respondent


Advocates:
N.S. Ruprah for appellant; Kishore Shrivastava for respondents;
Alok Aradhe, Sanjay K. Agarwal and Kishore Shrivastava, amicus curiae.

ORDER

Dharmadhikari, J.–1. This appeal is by, the Insurance company against the award dated 5.3.99 of the Claims Tribunal Durg, awarding a sum of Rs. 4,42,000/-, with 12% interest, as compensation for the death of Sanjay Patil who was found to be 28 years of age on the date of motor accident which took place on 19.5.96.

2. On the question of maintainability of the appeal by the Insurance Company on the grounds of quantum and alleged contributory negligence of the other vehicle which collided with the vehicle in which the deceased was travelling, learned counsel sought permission of this Court to address the Court generally on the question as to under what circumstances the' Insurance Company can be allowed to appeal against the award of the Claims Tribunal. Since the question of maintainability of the appeal arose in number of other cases filed by the Insurance Company, such as; M.A. 1143/99,520/99,1139/99, 363/97,913/98 and M.A. 1195/95, this Court allowed all the counsel appearing for tile Insurance Companies in all the above mentioned cases to address this Court on the question of maintainability of the appeal by the insurer alone. We are thansful that on our request Shri Alok Ar















































































































































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