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1997 Supreme(MP) 55

R.D.SHUKLA, J.G.CHITRE
Leelawati And Ors. – Appellant
Versus
Ravindra Kumar And Ors. – Respondent


JUDGMENT

R.D. Shukla, J.

1. This order shall dispose of M.A. No. 335 of 1989 (Leelawati v. Ravindra Kumar) and M.A. No. 63 of 1990 (M.D., Dairy Development Corporation Ltd. v. Leelawati) as also the cross-objections filed in both the cases.

2. The appeal is directed against the judgment and award dated 18.9.1989 of IV Member, Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 135 of 1987, whereby the claimants have been awarded compensation of Rs. 1,25,000 with interest at the rate of 12 per cent per annum from the date of application, i.e., 24.1.1984 till realisation of the same with a further direction that all the three respondents (non-applicants) are jointly and severally liable to make payment of compensation. The claimants-appellants have filed M.A. No. 335 of 1989 for enhancement of the amount.

Respondent Dairy Development Corporation Ltd. (hereinafter referred to as the 'D.D.C. Ltd.') has filed M.A. No. 63 of 1990 challenging the liability of payment on the ground that the vehicle was in possession of owner and the officer of the Corporation, who died in accident, was only in occupation of the same.

The non-applicant New India Assurance Co. Ltd. has filed cross-o























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