Madhya Pradesh High Court
The New India Assurance Co.Ltd. vs Smt. Archana & Ors. on 29 September, 2014
1
MA.No.3242/2008
Date: 29/9/2014
Shri S.V. Dandwate, learned counsel for appellant.
None for respondents.
This appeal is at the instance of the insurance company challenging the award dated 1/9/2008 passed in claim case No. 91/08 and challenging the quantum of compensation awarded to the claimants Smt. Archana and others in respect of death of Sunil Pandya.
Counsel for appellant has not disputed the fact that MA No. 3433/08 was filed by claimants Smt. Archana and others against the award dated 1/9/08 passed in claim case no. 91/2008 seeking enhancement of compensation amount and this Court after hearing learned counsel for claimants as well as the insurance company had passed the order dated 15/12/10 by allowing the appeal in part and enhancing the compensation.
Counsel for insurance company had preferred review petition being RP No. 48/11 against the order dated 15/12/10 which was also dismissed by order dated 14/2/14 recording that there is no error apparent on the face of the record.
In view of the fact that the appeal of claimants seeking enhancement of compensation amount awarded by the impugned award has already been allowed after hearing the 2 counsel for insurance company, therefore, at this stage, it is not open to counsel for appellant/insurance company to contend in the present appeal that the amount which was awarded to the claimants by the Claims Tribunal was on higher side. After disposal of MA No. 3433/08, filed by claimants, nothing survives in the present appeal and the issue relating to quantum of compensation has been concluded by the order passed in M.A. No. 3433/08.
In view of this, the appeal is dismissed having been found to be devoid of any merit.
C.C. as per rules.
(Prakash Shrivastava) JUDGE BDJ