Singh, C.J. -- 1 Whether Insurance Company can challenge quantum of compensation under section 115 of the Code of Civil Procedure or under Article 227 of the Constitution of India, is the question for determination in this case, It arises in circumstances being narrated hereinafter.

1. Mahmood-Ul-Hassan (40-45) was employed with M.P. State Road Transport Corporation, earning Rs. 1,400/- per month, apart from allowances and other facilities. While he was going towards crossing from Bus Stand on 18.2.1996, truck No CPD 8250 driven by Dev Kumar rashly and negligently hit him resulting in his death. The matter was reported at Police Station Hanumanganj and case under section 304A of the Indian Penal Code filed in the Court after investigation. Autopsy of the dead body of Mahmood-Ul-Hassan was conducted on 19.2.1986 at Hamidia Hospital. Dinesh Kumar was owner of the truck while the New India Assurance Co. Ltd. was insurer. The c1aimants preferred a claim for Rs. Four Lacs, since they were dependant on the deceased. Other side admitted taking place of accident rest of the allegations were denied and the Insurance Company alleged that it was not responsible for making payment.

2. The M