U.L.BHAT, M.V.TAMASKAR, RAJEEV GUPTA
Oriental Insurance Co. Ltd. – Appellant
Versus
Saraswati Bai – Respondent
U.L. Bhat, CJ. -- 1. These appeals have been placed before" the Full Bench for determination of the question whether the appeals are maintainable under Clause 10 of the Letters Patent (Nagpur). We have heard learned counsel appearing for both sides as well as Shri Seth, Advocate who assisted as Amicus Curiae.
2. These appeals arise out of proceedings initiated before the Motor Accidents Claims Tribunal seeking compensation for death or injury suffered in motor vehicle accidents. In one case, the Tribunal dismissed the claim petition while in other cases, Tribunal passed awards directing payment of compensation specified in the awards to the claimants. The claimant in one case and the insurance Companies in the latter two cases filed appeals in this Court which were heard and dismissed by the learned Single Judges. These LPAs are filed against decisions of learned Single Judges. Registry has raised objections in all the cases regarding maintainability and they have been placed before the Full Bench.
3. Our attention is invited to two decisions of Division Bench of this Court. In Rajmata Vijayaraje Scindia and others v. Maharaja Madhavrao Scindia (1988 JLJ 86 = 1988 MPLJ 78) and
2. Uttam Singh v. National Insurance Co. Ltd. = (AIR 1988 MP 199
1. Rajmata Vijayaraje Scindia and others v. Maharaja Madhavrao Scindia = (1988 JLJ 86
6. National Sewing Thread Co. Ltd. v. James Chadwick and Bros. Ltd. = (AIR 1953 SC 357)
7. South Asia Industries (P) Ltd. v. S.B. Santo Singh and others = (AIR 1965 SC 1442)
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