UNITED INDIA INSURANCE CO Vs. SADHU PASWAN

JUDGEMENT

(1.) THIS appeal has been preferred under Section 173 of the Motor Vehicles Act against the award of compensation in favour of the respondents in Claim Case No. 32/98/69/97.

(2.) THE compensation has been awarded to the tune of Rs. 4,10,000/ -. At the very outset, maintainability of the appeal has been challenged as the appeal has been filed against the quantum of compensation alone. Such submissions regarding the maintainability of the appeal has been made on the basis of recent Judgments of the Apex Court.

(3.) IN that way, this Court had alread decided on the point of maintainability the appeal in M. A. No. 76/2002 (Branch Manager, National Insurance Co. V/s. Ram Banshi Ram & ors) disposed of on 1.7.2003 [reported in 2003 (3) PLJR 599]. The present appeal is totally covered by the decision given in the aforementioned appeal. In that view of the matter the present appeal is also dismissed as not maintainable. But there will be no order as to costs.