BRANCH MANAGER, THE UNITED INDIAN INSURANCE CO. LTD. REPRESENTED BY DY. MANAGER REGIONAL CELL, BHUBANESWAR, KHURDA Vs. KRUSHNA PAIK AND OTHERS

JUDGEMENT

(1.) Heard Shri P. K. Mahali, advocate appearing on behalf of Mr. M. Sinha, learned counsel for the appellant and Shri B. Sahoo, learned counsel for the claimants-respondent Nos. 1 and 2.

(2.) This appeal by the appellant-Insurance Company is directed against the judgment/award dated 18.11.2009, passed by the learned 2nd Motor Accident Claims Tribunal, Northern Division, Sambalpur, in Misc.(A) Case No. 273 of 2003(S), awarding an amount of Rs. 1,50,000.00 as compensation along with interest @ 6% per annum from the date of filing of the claim application, till payment.

(3.) Learned Counsel for the appellant-Insurance Company submits that earlier the present claimants had filed a claim application before the learned Tribunal, which was registered as Misc.(A) Case No. 74 of 1999(S). The said claim application was disposed of vide judgment/award dated 30.09.2000, holding that the claimants were not entitled to any compensation. It is submitted that instead of assailing the said award in appeal. The claimants filed the present claim application, i.e. Misc.(A) Case No. 273 of 2003(S), which has been disposed of by the learned Tribunal by passing the impugned award. It is submitted that the award passed in the earlier claim application having not bee assailed in appeal, the subsequent claim application filed by the claimants was not maintainable, as the same was hit by the principles of res judicata.