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1995 Supreme(MP) 798

D.M.DHARMADHIKARI, FAKHRUDDIN
Usha Jain – Appellant
Versus
United India Insurance Co. – Respondent


Advocates:
J.P. Gupta, N.P. Mittal and B.D. Verma for appellants; B.N. Malhotra and
N.K. Modi for respondents, N.M. Haswani, Amicus Curiae.

ORDER

D.M. Dharmadhik Bri, J. -- 1. On 14.12.1988, as a result of a head-on collision between mini-bus (MPW 6541) and scooter (CPW 1798), Devendra Kumar Gupta, the scooterist and Abhay Kumar Jain, pillion-rider sitting behind him, died. Their heirs filed two claim eases, No. 13 of 1989 and 25 of 1989, which were consolidated for trial as they arose out of the same accident. A common Award has been passed by the Motor Accidents Claims Tribunal, Gwalior (hereinafter referred to as the Tribunal) on 21st August, 1991. In these two appeals, M.A. No. 250 of 1991 and M.A. No. 168 of 1992, a common order is being passed as they arise out of same accident and a common Award.

2. In both the appeals, preferred by the claimant, only two prayers have been made. The first is that the Insurance Company should have been directed to be jointly and severally liable with the owner of the vehicle and the Driver and the liability of the Insurance Company should not have been held to be limited only to the extent of Rs. 60,000/- in case of each death. The second prayer is for the quantum of compensation. It is urged that the amount of compensation, determined by the Tribunal, is on the lower side and it





















































































































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