NEW INDIA ASSURANCE CO LTD Vs. KUMUD DEVI

JUDGEMENT

(1.) THE Appellant New India Assurance Co. Ltd. takes exception to the award of compensation of Rs.7,66,000/- granted by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Bhagwan Paswan who died in a motor vehicle accident. The grounds are:

(2.) AS far as the first contention is concerned Section 149(2) enables an insurer to avoid payment of compensation under any judgment or award passed in a Petition under Section 166 or under Section 163-A of the Act on the grounds as mentioned therein. Sub- section (2) of Section 149 is extracted hereunder:

(3.) FOLLOWING Schedule II, the loss of dependency comes to Rs.4,16,000/- (39,000/- x 2/3 x 16).