IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7805 OF 2002
NATIONAL INSURANCE COMPANY LTD. .......APPELLAN
T(S)
Versus
BHUKYA TARA & ORS.RESPONDENT
(S)
WITH C.A.NO.7804 OF 2002 & C.A. NO.8332 OF 2002
ORDER
These appeals have been filed by the insurance company against the award
passed by the tribunal and affirmed by the High Court. It is not disputed that the
deceased was travelling in a goods vehicle. Therefore, the cases in hand are squarely
covered by the decision of three-Judge Bench of this Court rendered in New India
Assurance Co. Ltd. Vs Asha Rani & Ors., (2003) 2 SCC 223.
The appeals are allowed. The orders of the tribunal and of the High Court
are set aside. However, if any compensation has actually been paid to the respondent as
of today, the same shall not be recovered. We further clarify that if any amount
deposited before the tribunal is still not paid to the claimant, the same shall be refunded
to the appeallant.
( H.K. SEMA )