Ajoy Nath Ray, J. - (1.) seven reference matters have come up before us on account of conflicting different bench decisions of our court. Those seven matters are as follows: (1) f.m.a. no. 1110 of 1997 tara sundari. (2) f.m.a. no. 1790 of 2000 anjan chowdhury. (3) f.m.a. no. 147 of 1998 md. Saitul haque. (4) f.m.a. no. 1107 of 1997 sujauddin sarkar. (5) f.m.a. no. 1453 of 2000 premlata chowbey. (6) f.m.a. no. 1429 of 2000 sanatan hazra. (7) f.m.a. no. 1472 of 2000 tripti majhi.
(2.) the main reference was made in the case of tripti majhi, where v.k. gupta, j., as his lordship then was, speaking for the division bench said as follows in the beginning of the judgment: "in this appeal, the point of law involved as to whether an appeal by an insurance company against an award of the motor accidents claims tribunal only on the question of quantum of compensation is maintainable or not."
(3.) later on during the judgment his lordship further explained that the conflict arose out of an unreported division bench judgment (unreported at that time) in united india insurance co. Ltd. V. Gita rani mondal, 2001 acj 1692 (calcutta). That judgment was delivered by me and the division bench consisted of myself and the hon'ble ranjan kumar mazumdar, j. (since retired).;