N.K. Jain A.C.J.

1. A Division Bench of this Court, by order dated 18. 1996 referred the matter for, re-consideration of the decision reported in New India Assurance Company Ltd., v. Kamalam , 1992 (I) MLJ 41.

2. The necessary facts for the disposal of the reference are as follows: On account of the death of one S. Palanisamy on 17. 1989 due to the motor accident which took place on 7. 89, as a result of the head-on-collision between the scooter driven by the said Palanisamy, since deceased and the owner of motorcycle driven by one K.N. Kumaraswamy, the fifth respondent herein, on a claim petition a sum of Rs. 6, 69,058 was awarded. The owner of the motorcycle remained exparte in the tribunal. The claim of the insurance Company in the tribunal is that the compensation claimed is excessive.

3. This appeal is preferred by the New India Assurance Company. It was argued that the Insurance Company, at the tribunal did not raised the fact of finding and as such the appeal is not maintainable. Quoting the conflicting decisions, the Division Bench referred the matter to Full Bench, as stated.

4. Learned counsel for the respondents/claimants, argues that since the Insurance