High Court Patna High Court

Kashi Nath Kumbhkar And Anr. vs Sitaram Singh And Ors. on 8 February, 2000

Patna High Court
Kashi Nath Kumbhkar And Anr. vs Sitaram Singh And Ors. on 8 February, 2000
Equivalent citations: 2 (2000) ACC 503
Author: G Chaube
Bench: G Chaube


ORDER

G.S. Chaube, J.

1. Heard.

This appeal has been directed against award dated 12.4.1996 made in Title (Motcr Vehicle) Suit No. 144/92 challenging the quantum of compensation awarded to the appellants by the Claims Tribunal. It appears that by the impugned award, the Claims Tribunal had awarded a sum of Rs. 64,000/- to the claimant-appellants. Being dissatisfied with the quantum of compensation, the present appeal has been filed.

2. It has been submitted by the learned Counsel appearing for the Insurance Company that the claimants received the entire amount of compensation awarded by the Claims Tribunal within the time fixed as full and final satisfaction of the award and made an endorsement to this effect on the application filed by the Insurance Company before the Claims Tribunal (Annexure B). Therefore, he submits that once the claimants received the amount of award by way of full and final satisfaction of the award, they cannot be permitted to prefer this appeal against the same award. The decision of a Bench of this Court in the case of Khemawati Mondal v. National Insurance Co. Ltd. Dhanbad reported in 1998 (1) PLJR 55 lends support to this contention.

It this view of the matter, the present appeal is found to be not maintainable and is, accordingly, dismissed.