NEW INDIA ASSURANCE CO LTD Vs. BISMILLAH BAI

JUDGEMENT

(1.) Leave granted.

(2.) The Insurance Company is before us, aggrieved by and dissatisfied with the judgment and order dated 07th February, 2006 passed by a Division Bench of the High Court of Madhya Pradesh, Indore Bench, Indore in M.A. No. 1377 of 2003, whereby and whereunder the High Court has modified the judgment of the Motor Accident claims Tribunal, Indore (for short the Tribunal ) exonerating the Insurance Company- appellant herein from paying any amount of compensation passed in Claim Case No. 285 of 1997 awarding a total sum of Rs. 3,12,000/- with interest to the claimants for the death of one Israel, in a motor vehicle s accident holding that the Insurance Company is liable to pay the compensation to the claimants.

(3.) Facts of the case giving rise to this appeal are: