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1991 Supreme(MP) 112

T.N.SINGH
Bhagwan Singh – Appellant
Versus
Guddi – Respondent


JUDGMENT

T.N. Singh, J.

1. This order shall dispose Accordingly this order shall govern disposal of two appeals heard today analogously, of Misc. Appeal Nos. 10 and 11 of 1989.

2. By the impugned order assailed in these two appeals, the Motor Accidents Claims Tribunal, Morena, has made liable jointly New India Assurance Co. Ltd., impleaded as respondent in both these appeals and the common appellant, Bhagwan Singh, in both appeals. It is submitted that two appeals are filed because originally two claim cases were registered, namely, Claim Case Nos. 20 and 21 of 1988, which were consolidated for analogous trial. Each of them is made liable to pay to the claimants, impleaded as respondents in both appeals, Rs. 7,500/- each to make up total entitlement of Rs. 15,000/- of the claimants of late Diwan. Admittedly, there was a collision between the two tractors and that accident resulted in death of one Diwan. True, it has to be finally decided if on account of rash and negligent driving of any of the tractors the death occurred. That decision must await final disposal of the two claim cases on merit after evidence is recorded.

3. At this stage, there can atleast be no doubt about entitlement

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