KISHAN LAL Vs. SHRIRAM

JUDGEMENT

(1.) THESE two cross-appeals arise out of a common judgment cum award. These two cases were referred to a larger bench, along with other appeals. The full Bench has now sent it back with the following guidelines in Smt. Santar Bai and Ors. v. Prahlad and Ors. S.B. Civil Misc. Appeal No. 111 of 1974 and Ors. connected appeals vide judgment dated 17th April, 1985:

(2.) IN the present case, Nanda died in an accident while he was fetching 29 sheeps and goats in a truck No. RSM 6919 owned by Kishanlal, the non-claimant No. 1 and driven by Ramdhan-driver the non-claimant No. 2, insured with the New India Assurance Company Ltd., from Delhi. Nanda was sitting on the tool box.

(3.) THE owner-appellant has not challenged the finding regarding negligence and rashness but the main contention is that the insurance company should be made liable. The claimant's contention is that the insurance company should be made liable ; and that, the amount of Award is inadequate and it must be increased.