NEW INDIA ASSURANCE CO LTD Vs. MALIK KAUR

JUDGEMENT

(1.) By this common judgment, the appeals: F.A.O. Nos. 60 and 61 of 1986 along with Cross-objections No. 17-CII of 1986 can conveniently be disposed of together. Both the appeals arise out of the same award passed by the Motor Accidents Claims Tribunal, Patiala dated 26.11.85. By virtue of the said award the Tribunal awarded Rs. 96,000 as compensation against New India Assurance Co. Ltd. with interest at the rate of 12 per cent per annum from the date of the claim petition till realisation less Rs. 15,000 already paid.

(2.) At the outset, the attention of the learned counsel has been drawn towards the decision of the Supreme Court in the case of Chinnama George v. N.K. Raju, 2000 ACJ 777 (SC), as to whether such an appeal would be maintainable or not.

(3.) The Supreme Court in the case of Narendra Kumar v. Yarenissa, 1998 ACJ 244 (SC), had categorically held that appeal would be maintainable by the driver and the owner and not by the insurer with respect to the amount of compensation.