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1990 Supreme(MP) 402

T.N.SINGH, K.K.VERMA, R.C.LAHOTI
Bhagwandas – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates:
V.K. Shrivastava for appellant; RN. Malhotra for respondent No.1.

ORDER

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



































































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