NEW INDIA ASSURANCE COMPANY LIMITED Vs. KARRE THIRUPATHAMMA

JUDGEMENT

(1.) The learned counsel for the appellant submits that the appellant has instructed them to withdraw the appeal. However, the learned counsel for the respondents submits that it is the duty of the Tribunal to award just and reasonable compensation even if the claimed amount is less. But, when the Tribunal comes to a conclusion that the claimants are entitled for more compensation than claimed, the Tribunal should award the amount, which appears to be just and reasonable and need not restrict the compensation to the claimed amount. Since it is an important question that arises in this appeal as raised by the learned counsel for the claimants, I consider it just and reasonable to dispose of the matter on merits.

(2.) For the sake of convenience, parties will be referred to as they are arrayed in the Tribunal.

(3.) The brief facts of the case are as follows: