NEW INDIA ASSURANCE CO LTD Vs. NAFIS BEGAM

JUDGEMENT

(1.) The order passed by us in this revision shall govern the disposal of Miscellaneous Appeal No.191 of 1990 (The New India Assurance Company Ltd. Gwalior v. Smt. Kasturibai w/o Late Shri Radheshyam Gautam and others) also.

(2.) The learned single Judge (S.K. Dubey, J.) at the Gwalior Bench of this Court has referred the legal question involved for decision by a Full Bench in view of the cleavage of opinions between the two Division Bench decisions of this Court reported in the case of Karuram v. Omarakash, 1989 Acc CJ 941, (decided by P.D. Mulye and K.L. Shrivastava, JJ. of the Indore Bench) and the decision in the case of Indramani Makhriva v. General Manager M.P.S.R.T.C., 1990 Jab LJ 560 (decided by Division Bench consisting of Faizan Uddin and Y.B. Suryavanshi JJ. of the main seat at Jabalpur.

(3.) The question also came up for consideration before a learned single Judge at the Gwalior Bench, namely, B.C. Lahoti J. on a difference of opinion between Dr. T.N. Singh J. and K.K. Verma J. The third Judge to whom the case was referred for resolving the dispute (R.C. Lahoti J.), agreed with the opinion expressed by K.K. Verma J. The opinions of three Judges of the Gwalior Bench are reported in the case of Bhagwandas v. National Insurance Co. Ltd., 1990 MPJR 578.