MALTI BAI Vs. RAMADHAR SINGH
LAWS(MPH)-2000-9-18
HIGH COURT OF MADHYA PRADESH
Decided on September 30,2000

MALTI BAI Appellant
VERSUS
RAMADHAR SINGH Respondents





Cited Judgements :-

UNITED INDIA INSURANCE CO LTD VS. VIJAYA [LAWS(MAD)-2005-12-59] [REFERRED TO]
NEW INDIA ASSURANCE CO.LTD VS. SUMALIBEN W/O MANSINGBHAI NURABHAI NAYAK [LAWS(GJH)-2012-3-283] [REFERRED TO]


JUDGEMENT

Arun Mishra, J. - (1.)This order shall also govern the disposal of Civil Revision No. 2057 of 1999.
(2.)The insurer and the claimants have both come to this court. The claimants have filed the instant M.A. No. 885 of 1999 and the insurer has filed Civil Revision No. 2057 of 1999 against the same award. The claimants' prayer is for enhancement. Insurer submits in the revision that claim was hopelessly barred by limitation and it ought not to have been entertained by the Claims Tribunal, hence revision be allowed and the award set aside.
(3.)Before adverting to the legal questions involved, the facts relevant for deciding the present appeal/revision be stated: One Babulal Kewat died in an accident occurred on 9.10.1990. The claim petition was preferred by the widow and three minor children of the deceased besides Janmati, his mother. Babulal was going in jeep No. MBL 7683 to Bilaspur. When the jeep reached near Nariyara turning, truck No. MBL 6130, driven by Chhotelal in a rash and negligent manner, hit the jeep as a result of which Babulal suffered various injuries and died. Criminal case was registered against the driver for offences under sections 279, 337 and 304-A, Indian Penal Code and prosecution was launched. Babulal (26) was earning Rs. 4,000 per month. The deceased after spending Rs. 1,000 on himself used to give Rs. 3,000 per month to the claimants. Expenses were also incurred on the last rites of the deceased. Thus, a total amount of Rs. 16,57,000 was claimed.


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