T.N.SINGH, K.K.VERMA, R.C.LAHOTI
Bhagwandas – Appellant
Versus
National Insurance Co. Ltd. – Respondent
R.C. Lahoti, J. -- 1. Two of my learned brothers, Dr. T.N. Singh and K.K. Verma, JJ have, while disposing of M.A. No. 97/85, differed in their opinions an the question of enhancement of compensation payable to claimant/respondent for his son Pappu's death and Hon'ble the Chief Justice has been pleased to constitute this Bench for hearing the appeal.
2. A single accident gave rise to three claim petitions. All were disposed of by a common order by the Claims Tribunal. The owner and the driver preferred three appeals registered as M.A. No. 90/85, 97/85 and 98/85. In all the three cases, the respective claimants preferred cross-objections seeking enhancement. The three appeals, with respective cross-objections were heard by the Division Bench and diposed of by a common order, the two learned Judges recording separate opinions. They agreed in conclusion in so far as M.A. No. 90/85 and M.A. No. 98/85 were concerned. This M.A. No. 97/85 was survived for consideration of the questions as to whether Ramchandra (claimant's) cross-objection has to be allowed and compensation awarded to him for his son's death enhanced; which of the defendants would be liable to compensate the claimants a
9. Devji v. Anwar Khan = (AIR 1989 MP 101
18. Pannalal v. State of Bombay and others = (AIR 1963 SC 1516)
2. Shamsher Khans case = (1988 ACJ 394, M.P.
7. C.K. Subramonia Iyer and others v. T. Kunhikuttan Nair and others = (AIR 1970 SC 376)
12. Sardar Ishwarsingh v. Himachalpuri = (AIR 1990 MP 282 - Para 4)
3. Padma Srinivasan v. Premier Insurance Co. Ltd. = (AIR 1982 SC 836)
5. [Garikapati v. N. Subbaiah Chaudhary = (AIR 1957 SC 540 - para 25)]
6. Mithilesh Kumari v. Prem Behari Khare = (AIR 1989 SC 1247)
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