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2004 Supreme(SC) 582

S.N.VARIAVA, H.K.SEMA
New India Assurance Co. LTD. – Appellant
Versus
Kiran Singh – Respondent


JUDGMENT

H.K. Sema, J.-These two appeals arise from the same judgment and order and they are being disposed of by this common judgment. Civil Appeal No. 5463 of 1998 had been filed by the New India Assurance Co. Ltd. against the Award and Civil Appeal No. 3783 of 1999 had been filed by the claimants for the enhancement.

2. Briefly stated the facts are as follows:-

A young Assistant Engineer aged about 27 years had died in a motor accident on 10.1.1988 while travelling in a bus bearing registration No. URN 9428. The said bus was insured with the appellant-company. At the time of death the deceased was drawing a salary of Rs. 2384.50 p. The claim petition was filed by the wife of the deceased. The policy issued on 19.5.1987 was comprehensive and was valid till 18.5.1998. The Tribunal after considering the evidence and the insurance policy awarded a sum of Rs. 6,25,000/- as compensation payable by the appellant-company along with 12% interest per annum upto date. On appeal, being filed by the appellant, the High Court after hearing both the parties at length maintained the Award granted by the Tribunal but reduced the rate of interest to 9% per annum instead of 12%. Aggrieved thereby the











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