S.C. Agrawal and Mohini Kapur, JJ. - (1.) Both these special appeals are directed against the common judgment of the learned Single Judge raise a common question and therefore they are being disposed by this common order.
(2.) By his judgment, the learned Single Judge has disposed of two miscellaneous appeals, S. B. Civil Misc. Appeal No. 359 of 1985 and S. B. Civil Misc. Appeal No. 16 of 1986 against the award made by the Motor Accident Claims Tribunal, Jaipur on 24th August, 1985 in the claims filed by the respondent-claimants in these appeals. The said appeals were filed by National Insurance Company Limited. M/s. Oriental Insurance Company Limited, the appellant herein, was a respondent in those appeals. The claimants had filed cross-objections in the appeals. The learned Single Judge, while dismissing the appeals of M/s. National Insurance Company has allowed the cross-objections filed by the claimants and has enhanced the amount of compensation. The submission on behalf of the Oriental Insurance Company Ltd., the appellant herein, before the learned Single Judge was that the liability for the enhancement in the amount of compensation on the basis of cross-objections could not be saddled on the appellant company because the appellant company was only a respondent and no relief could be granted to one respondent against another respondent. The learned Single Judge has not accepted the said contention and has held that the appellate court can give relief to the respondent as against other respondent when cross-objections have been filed and even when cross-objections have not been filed. In this connection the learned Single Judge has placed reliance on the decision of the Supreme Court in Pannalal v. State of Bombay, AIR 1963 SC 1516 and the decision of this Court in Murarilal v. Gomati Devi, 1985 (2) ACC 158 .
(3.) We have heard Shri S. C. Srivastava, the learned Counsel for the appellant Company in support of these special appeals. In our opinion the learned Single Judge has not committed any error in taking the view which he has taken and we find no ground for interference. The special appeals are therefore, dismissed. Appeals dismissed.;