K.K.VERMA, T.N.SINGH
Bhagwandas – Appellant
Versus
National Insurance Company Ltd. – Respondent
K.K. Varma, J. -- 1. This order shall dispose of this appeal, Misc. First Appeal No. 97/1985 (Bhagwan Das and another v. National Insurance Co. Ltd. and another) and Misc. First Appeal No. 98/1985 (Bhagwandas and another v. National Insurance Co. and another).
2. Appellants in these three appeals are owners of the Truck No. CPC-1996 which was involved in an accident on the Agra-Bombay Road, near the bridge of the Asan river, adjacent to the village of Chhoda, about 8 Kms. from the town of Morena, in the after-noon of 28th February, 1982. Shrimati Phoola, wife of Ramchandra and their minor son Pappu (aged 2 years), Shrimati Rajuka, wife of Ram Prasad and Ram Prasad himself were travelling in the truck as passengers. The truck over-turned. Of the aforementioned passengers, Phoola, wife of Ramchandra and their son Pappu and Ram Prasad's wife Rajuka died from the injuries received in the accident. Ram Prasad also received injury.
3. Ramchandra filed two claims petitions before the member of the Motor Accidents Claim Tribunal, Morena, on 26th August, 1982. In claim case No. 30/82 Ramchandra claimed 1,07,000 rupees as compensation for the death of his wife Shrimati Phoola (aged 28
1. Abdul Salam v. Kishan = [1981(II) MPWN 226]
2. Skandia Ins. Co. Ltd. v. Kokilaben Chandravadan = (1987 JLJ 662
3. Skandia Insurance Companys case = (1987 JLJ 662
4. Skandias case = (1987 JLJ 662
3. . Abdul Salam v. Kishan = [1981 (II) MPWN Note 226]
6. Skandias case = (1987 JLJ 662
7. Pushpabai Udeshi v. Ranjit Ginning and Pressing Co. Ltd. = (AIR 1977 SC 1735)
10. Abdul Salam v. Kishan = [1981 (II) MPWN Note 226]
14. Skandias case = (1987 JLJ 662
15. Pushpabai Udeshi v. Ranjit Ginning and Pressing Co. Ltd. = (AIR 1977 SC 1735)
16. Samsher Khans case = (1987 JLJ 721
17. Indore Benchs decision in Devjis case = (AIR 1989 MP 101)
18. Oriental Insurance Co. v. Pramilla (1989 JLJ 282
19. Oriental Insurance Co. v. K.S. Dorai Raj = (AIR 1982 Mad. 287)
20. Tizakurbhai = 1983 MPWN 355; Nanu
22. Harishankar Tiwari = (1987 JLJ 712= 1987 ACJ 1)
23. Mahila Ramdei = (1988 JLJ 412)
24. New India v. Phoolwati = (1985 JLJ 718
25. (See Colonial Sugar Refining Co., = 1905 AC 369; Garikapati
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