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Mahima Misra v. Sushila Devi - FIRST APPEAL FROM ORDER No. 829 of 1987 [2007] RD-AH 11035 (3 July 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Amitava Lala,J.

Hon'ble Shishir Kumar,J.

Both the appeals and cross appeals are old one.  The first one is preferred by the owner of the vehicle when the second one is made by the claimants. The insurance company was relieved from the liability by the Tribunal.  In the case of death the claim amount is about Rs.1,12,916/- and the costs of the proceeding will be borne by the parties.  Rs.50,000/- (Rs. Fifty Thousand) has already been deposited by the appellants in the court below.  There is no infirmity in respect of judgment and award.  The Insurance Company has rightly been relieved since it is decided  by the Tribunal that there is a breach of condition of insurance policy.  Compensation is also awarded in the lower side.  However, for the fitness of the fact, we find neither we can increase nor we can  decrease the awarded amount.  Therefore, neither of the appeals can succeed.  

Hence both the appeals are dismissed.

No order is passed as to costs.

Interim order, if any, in connection with other applications stand vacated.  

The deposited amount will be released in favour of the claimant.  Further amount will also be deposited.  Security if any furnished by the claimants stand discharged.  

Statutory deposit of Rs.25,000/- if any,is made by the appellants, the same will be remitted to the concerned Tribunal and will be adjusted with the amount of the claimant.



FAFO 829-87


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