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1991 Supreme(MP) 464

T.N.SINGH
Sanjay Kumar – Appellant
Versus
Munnalal – Respondent


JUDGMENT

T.N. Singh, J.

1. Appellants are twosome and their appeal is not time-barred but still continues under M.M. No. 87 of 1982 because counsel who filed the appeal did not file also power. The appeal was not registered but in the mean time, the defect is cured as the power is on record since 18.9.1991. Office is directed to register it as a regular appeal.

2. The two appellants lodged claim in M.A.C.T., Gwalior, claiming compensation for death on 23.4.1982 of Onkar Lal, who was driving the truck No. CPG 348. The deceased was father of the first appellant, minor aged 9 years and second appellant's husband.

3. Admittedly, the vehicle was insured with respondent No. 2, National Insurance Co. Ltd. and it was owned by respondent No. 1, Munnalal. Their claim on the basis of liability for 'fault' has been dismissed and they have to remain satisfied under the impugned order with interim compensation awarded for 'no fault' liability.

4. Mr. Malhotra, the learned counsel appearing for respondent No. 2, persuasive as he always is, has opposed this appeal with full force and vehemence. Several contentions he urged strenuously; these deserve due consideration.

5. Firstly, it is contended that th
















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