LAWS(J&K)-1997-7-41

UNITED INDIA INSURANCE CO LTD Vs. SAVITRI DEVI

Decided On July 11, 1997
UNITED INDIA INSURANCE CO LTD Appellant
V/S
SAVITRI DEVI Respondents

JUDGEMENT

(1.) THE Insurance Company -appellant has filed this appeal challenging the award of Motor Accidents Claims Tribunal dated: 18.02.1995.

(2.) THE award has been challenged in this appeal on the following two main grounds: I) That the respondent No. 1 had claimed a compensation of Rs. 67,300/ -only, whereas an compensation of Rs. 1.05 lacs has been awarded in her favour. It has also been averred that the interest has been awarded on the whole awarded amount; whereas some of the amount has been awarded to the appellant for future exigencies on which amounts no interest could be awarded.

(3.) I have heard learned counsel for the parties. Whether the Tribunal can award compensation more than that is claimed by the respondent No.1 (petitioner) or not, has not still been authoritatively decided by the Courts. Various judgments have been cited at the Bar, but none of the judgments has laid down any law. Merely a reference has been made in some of the judgments that a claimant was entitled to such and such amount, hut since he has claimed such amount, therefore, the claimed amount was awarded. In this connection, the learned counsel for appellant has cited a judgment titled: United Indian Insurance Company Vs. Smt. Bimlesh and others reported in 1991 (Volume 1) ACC 113. This is a judgment from Punjab and Haryana High Court. In the said case, observation has been made by the Court in the following manner" "Total compensation would come to Rs. 1,68,000/ - Since in the claim petition a sum of Rs. 1,50,000/ - was claimed, the claimants are held entitled to a sum of Rs. 1,50,000/ -"