National Insurance Company Ltd. vs Bhukya Tara

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(SC) 803

2008(4) Supreme 203
SUPREME COURT OF INDIA
National Insurance Company Ltd. — Appellant
versus
Bhukya Tara & Ors. — Respondents
Civil Appeal No. 7805 of 2002
WITH
C.A. No. 7804 of 2002 & C.A. No. 8332 of 2002
Decided on : 08-05-2008

Headnote:Motor Vehicle Act, 1988 – Section 170 – Deceased travelling in a goods vehicle – Matter squarely covered by (2003) 2 SCC 223, hence disposed of in terms thereof. (Para 2)
        (2003) 2 SCC 223 – Followed.
       Facts of the case :
        Matters relate to compensation in case of person travelling in goods vehicle.
       Finding of the Court :
        Matter squarely covered by (2003) 2 SCC 223, hence disposed of in terms thereof.
       Result : Appeals allowed.

ORDER

1. 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.,1 (2003) 2 SCC 223.

2. 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.

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