JAMUNABAI Vs. SARDUT SINGH

JUDGEMENT

(1.) THESE appeals have been filed for enhancement of compensation. Be it noted, the insurance company being aggrieved by the direction issued by the Tribunal directing the insurer to pay and recover has preferred a batch of appeals MA No. 787/2004 and other connected appeals. Other appeals were dismissed as per order dated 10.4.2006 after placing reliance on the decisions rendered in the cases of National Insurance Co. Ltd. v. Baljit Kaur and others [2004 (2) JLJ 127 = (2004) 2 SCC 1 ] and Pramod Kumar Agrawal v. Mushtari Begum, [(2004) 8 SCC 667]. Hence, the said question would not arise in this appeal as doctrine of pay and recover would be applicable.

(2.) THE only question that survives in this batch of appeals is with regard to justness of compensation.

(3.) MA No. 1753/2005 relates to Claim Case No. 81/2000 preferred by Babu and two other legal representatives of the deceased, Pappu who was aged about 3 years. The Tribunal has granted Rs. 75,000/- towards compensation. Be it noted, in similar case forming the subject-matter of MA No. 1749/2005 this Court taking note of the date of the accident had declined to interfere. In view of the aforesaid, we are not inclined to interfere with the award and the same stands affirmed.