KANTI DEVI Vs. BHAGWAN DAS

JUDGEMENT

(1.) By the Court. This appeal has been made on behalf of the claimant being aggrieved and dissatisfied with the quantum of the award of Rs. 51,500/- on the death of minor child aged about 10 years. The judgment has been delivered by, the Tribunal on 4.3.2009. We find that the ratio of the judgment of this Bench reported in 2007 (4) TAC 388(AII.), where all the earlier judgments of the Supreme Court have been categorically considered, which is as follows :

(2.) Therefore, apparently the judgment and order dated 4.3.2009 can not be held to be sustainable. This is more so in view of the judgment delivered by the Bench reported in 2008(3) AWC 2717 which has been subsequently followed in 2008 (1) TAC 483 (All.) as well as the Supreme Court latest judgment reported in 2009 (3)TAC 1 (SC).

(3.) Therefore, we set aside the order impugned at the stage of admission and remit back the matter for consideration keeping the eyes open in respect of the judgment delivered by this Bench considering all earlier judgments of the Supreme Court with regard to the interpretation of law made by this Bench and pass appropriate award within a period of one month from the date of communication of this order upon giving fullest opportunity of hearing and by passing a reasoned thereon. However, at the time of passing the award the payment, if any, made on account of the earlier award will be adjusted.