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                       IN THE SUPREME COURT OF INDIA

                        CIVIL APPELLATE JURISDICTION

                          CIVIL APPEAL NO. 7805 OF 2002

NATIONAL INSURANCE COMPANY LTD.                                              .......APPELLAN T(S)

                                                        Versus

BHUKYA TARA & ORS.                                                           .....RESPONDENT (S)

WITH C.A.NO.7804 OF 2002 & C.A. NO.8332 OF 2002

                                      ORDER

         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

Assurance Co. Ltd. Vs Asha Rani & Ors., (2003) 2 SCC 223.

         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.

                                            ...........................J.                                              ( H.K. SEMA )

New Delhi;                              ...........................J. May 08, 2008.                    ( MARKANDEY KATJU )