JOGENDRA SINGH Vs. SURESH MANJULAPUR

JUDGEMENT

(1.) THIS appeal is posted for consideration of la. No. Ii for vacating stay and with the consent of the parties, the appeal is taken up for final disposal.

(2.) THE appellant is the insurance company in this court in this appeal. The respondent filed a claim petition, seeking compensation of Rs. 1,31,500 for the death of one kotrappa manjulapur in a road accident. The matter was contested. The tribunal has allowed the application and has awarded a compensation of Rs. 2,00,000. 00 with interest at 12% per annum from the date of petition till the date of payment. The said order is challenged in this appeal by the insurance company and the owner.

(3.) I have heard the learned counsel on either side. Sri s. p. shankar, learned counsel for the insurance company contended that the tribunal cannot grant compensation of Rs. 2 lakhs in this case in view of the restricted claim of Rs. 1,35,500. 00 by the claimant in the claim petition.