NATIONAL INSURANCE CO LTD Vs. V VISHALAKSHY

JUDGEMENT

(1.) BY way of the present appeal, the appellant seeks to challenge the impugned award dated 21/9/2004 assailing the findings of the Tribunal on the quantum of compensation. The brief summary of facts to deal with the contentions of the parties, are as under:

(2.) THE Tribunal after taking into consideration the facts of the case as well as evidence led by the parties had passed an award in the sum of Rs. 6,00,000/- along with interest at the rate of 8% per annum payable from the date of the institution of the petition till the realization of the award. The said order passed by the Tribunal is now under challenge in the present appeal. I have heard learned counsel for the parties at considerable length and have perused the award.

(3.) THE main plank of argument raised by the learned counsel for the appellant is that the Tribunal has no power to award compensation over and above the amount as claimed in the claim petition. In support of her arguments, counsel for the appellant has placed reliance on the Full Bench Judgment of gujarat High Court report in Dr. Urmila J. Sangani vs. Pragjibhai Mohanlal luvana and Ors.- AIR 2000 Guj 211 (FB ).