NEW INDIA ASSURANCE CO LTD Vs. BALAI MAJHI

JUDGEMENT

(1.) WHEN this application for stay came up for hearing, Mr. Amit Ranjan Roy, learned advocate appearing for the claimants-respondents, submits that the appeal itself is not maintainable inasmuch as it has been clearly recorded in the impugned award that the insurance company did not repudiate the contention of the claimant.

(2.) MR. Roy in his turn relies upon a decision in the case of Bank of Bihar v. Mahabir Lal, AIR 1964 SC 377.

(3.) MR. Ganguly, however, relies upon a decision of the Apex Court of India in the case of Jagdish Singh v. Madhuri Devi, (2008) 10 SCC 497.