NATIONAL INSURANCE CO. LTD. Vs. ABDUL KUDDUS

JUDGEMENT

(1.) BY the impugned award, dated 3.2.2000, passed in TS (MAC) No. 30/99, the learned Member, Motor Accident Claims Tribunal, North Tripura, Dharma Nagar, Agartala, has awarded a sum of Rs. 1,82,000/ - as compensation to the claimants for the death of their son, Mahafuj Ahammed, aged about seven years, which occurred due to rash and negligent driving of the vehicle bearing registration No. TRT -830, on 7.7.1999, at Kadamtola Rahibari road.

(2.) I have heard Mr. P. Gautam, learned counsel for the petitioner, and Mr. PK Biswas, learned counsel, appearing on behalf of the respondents.

(3.) AN insurer cannot, as held in Sadhana Lodh v. National Insurance Co Ltd., reported in (2003) 3 SCC 524, challenge, by way of a writ petition, an award given by a Tribunal on the mere ground that the compensation awarded is high or excessive, for, an erroneous decision, in the absence of any other ground, is not amenable to the writ jurisdiction under Article 226 and/or 227 of the Constitution of India. The principal challenge to the impugned award in the present writ petition is on the question of the quantum of compensation granted by the learned Tribunal. That the insurer, such as, the present petitioner, cannot challenge an award made by a Tribunal on the ground of quantum of compensation only cannot be disputed and has not, in fact, been disputed before me.