HANUMAKKA Vs. BIPIN BAI

JUDGEMENT

(1.) THE only problem that arose in this case was that the tribunal quantified the overall compensation at" Rs. 81,000/-whereas the appellant had claimed an aggregate of Rs. 60,000/-under all heads. Learned Member therefore held that it is not permissible for him to exceed the amount that has been claimed and limited the compensation to Rs. 60,000/ -. The appeal is presented assailing this order and during the pendency of the appeal, the appellant presented an application for amendment of the original claim which has been allowed. Having regard to that position, the entire dispute is rendered academic for the simple reason that the respondent-Insurance Company has not appealed against the original award and is therefore bound by it.

(2.) AT the hearing, appellant's learned Advocate relied on a division Bench ruling of the Bombay High Court reported in municipal Corporation of Greater Bombay and Another v Kisan g. H. and Others. The Division Bench while considering a somewhat similar stand had occasion to hold that in cases of this type where the compensation claims are quantified that neither sub-heads nor the aggregate would necessarily limit the power of the Court to award either a lower or higher amount in so far as these are all approximations. That principle is a correct one and having regard to the situation, the appellants would be entitled to the additional compensation. The award is accordingly modified and it is directed that the appellants shall be entitled to recover the aggregate compensation of Rs. 81,000/- together with costs and simple interest as indicated in the award less the interim compensation if any paid to them. It is clarified that the additional compensation when deposited with the Tribunal shall be apportioned in the same manner as has been indicated in the original award. The Insurance Company shall deposit the balance amount with the Tribunal within an outer limit of twelve weeks from today and on receipt of the same, the tribunal shall disburse the same in the manner as indicated in the original award. The appeal succeeds and stands disposed of. No order as to. costs.