ORIENTAL INSURANCE COMPANY LIMITED Vs. NARINDER KAUR

JUDGEMENT

(1.) The impugned decision prima facie runs counter to the view recorded by this Court in M. K. Kunhimohammed v. P. A. Ahmedkutty. However, on our persuasion the learned counsel for the Insurance Company has agreed to make an ex gratia payment of Rs. 45,000. 00 in addition to the liability of rs. 5,000. 00 i. e. in all Rs. 50,000. 00, to the claimants. Therefore, while stating that the view taken by the High Court may not be sustainable in view of this court's order in the aforesaid case, it is not necessary for us to change the award of Rs. 50,000. 00 made by the High Court against the Insurance Company. This amount will be in full and final satisfaction of the claim against the insurance Company. The claimants will, however, be entitled to execute the award for the rest of the amount and interest against the other respondents, who have not appealed. The money has already been deposited by the insurance Company. The special leave petition stands disposed of accordingly.