KHEMAWATI MANDAL Vs. NATIONAL INSURANCE COMANY LTD

JUDGEMENT

(1.) HEARD both the parties.

(2.) THIS appeal had been preferred against the judgment passed in Title (N.V.) Suit no. 25/ 89 by 5th Addl. District Judge -cum -Motor Vehicle Claims Tribunal, Dhanbad whereby and whereunder a sum of Rs. 1,25,000/ - was allowed as compensation to the appellants.

(3.) WHEN this appeal was taken up for hearing at the admission stage from the submission made on behalf of both the parties and also from the order -sheet dated 26.4.64 of the lower court it is apparent that the entire awarded amount was paid to the appellants within time as granted by the Tribunal and endorsement was made by the appellants and their Advocate that they had received the cheque on full and final settlement of the entire claim. If that is so learned counsel for the Insurance Company rightly submitted that the entire amount was paid to the appellant and the appellant also made an endorsement in the court below about the full and final settlement of the claim. However, the only plea advanced on behalf of appellant by his Advocate that the court below has not granted any interest and for that this appeal had been preferred.