UNITED INDIA INSURANCE COMPANY LTD Vs. SULEMAN

JUDGEMENT

(1.) -THE Insurance company has challenged the judgment and order dated 11. 1. 2008 passed by the concerned Motor Accident Claims Tribunal, Allahabad taking the plea that the amount of compensation awarded for a sum of Rs. 1,57,000/- on account of death of deceased aged about 8 years is grossly excessive. In favour of such submission he cited a judgment in Oriental Insurance Co. Ltd. v. Syed Ibrahim and others,2007 (69) ALR 315 (SC)=2007 (59) AIC 243. to show us that in case of death of minor Supreme Court has awarded a sum of Rs. 51,500/-, therefore, this judgment having binding effect on this Court, the Court should award such amount of compensation.

(2.) WE are of the view that we are governed by our own judgment in New India Assurance Co. Ltd. v. Padam Singh and others,2007 (69) ALR 581. in which all the earlier judgments have been considered. Learned Counsel appearing for the appellant has taken a point that the ratio of Syed Ibrahim (supra) has not been considered in Padam Singh (supra ).

(3.) UPON going through such judgment we are of the view that the Supreme Court has not Lald down any principle but affirmed the judgment, which was passed by the Tribunal. On the other hand, the Supreme Court has taken the similar view as in paragraph Nos. 6 and 9, as follows :