2008 INSC 1258
                                    SUPREME COURT OF INDIA

                                       National Insurance Co. Ltd.

                                                      Vs.

                                                Bhukya Tara

                                           C.A.No.7805 of 2002

                                               (H.K. Sema J.)

                                                  08.05.2008

                                                   ORDER

1. These appeals have been filed by the insurance company against the award passed by the
tribunal and affirmed by the High Court. It is not disputed that the deceased was travelling in
a goods vehicle. Therefore, the cases in hand are squarely covered by the decision of three-
Judge Bench of this Court rendered in New India The appeals are allowed. The orders of the
tribunal and of the High Court are set aside. However, if any compensation has actually been
paid to the respondent as of today, the same shall not be recovered. We further clarify that if
any amount deposited before the tribunal is still not paid to the claimant, the same shall be
refunded to the appeallant.

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