Supreme Court - Daily Orders
Pritam Singh Through His Guardian ... vs M/S.Oriental Insurance Co. Ltd on 15 February, 2018
Bench: Chief Justice, A.M. Khanwilkar
ITEM NO.7 COURT NO.1 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).1174/2017
(Arising out of impugned final judgment and order dated 28-03-2016
in MAC.APP. No.961/2011 passed by the High Court Of Delhi At New
Delhi)
Amended Cause Title
PRITAM SINGH Petitioner(s)
VERSUS
ORIENTAL INSURANCE CO. LTD & ORS. Respondent(s)
Date : 15-02-2018 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
For Petitioner(s) Mr. Varun Goswami, Adv.
Mr. Rajesh Singh, Adv.
Mr. Rahul Saxena, Adv.
Mr. Rahul Sinha, Adv.
for
Mr. R. C. Kaushik, Adv. [AOR]
For Respondent No.3 Mr. Maibam N. Singh, Adv.
Mr. Pramod Dayal, Adv.
Mr. Nikunj Dayal, Adv. [AOR]
Ms. Payal Dayal, Adv.
No.1 Mr. Abhishek Gola, Adv.
Nos.2 & 5 Not represented.
No.4 Deleted.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal stands disposed of in terms of the signed order. There shall be no order as to costs.
Signature Not VerifiedDigitally signed by SUBHASH CHANDER Date: 2018.02.20 14:27:29 IST Reason:
(Subhash Chander) (H.S. Parasher) AR-cum-PS Assistant Registrar [Signed Order is placed on the file] IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2124 OF 2018 [Arising out of S.L.P.(C)No.1174 of 2017] Pritam Singh ....Appellant Versus Oriental Insurance Co. Ltd. & Ors. ....Respondents O R D E R Leave granted.
Heard Mr. Varun Goswami, learned counsel for the appellant and Mr. Maibam N. Singh, learned counsel for respondent no.3. Though notice was served on respondent no.1-Oriental Insurance Co. Ltd., no one has appeared on its behalf. However, in the course of hearing Mr. Abhishek Gola, learned counsel submitted that he would assist the Court on behalf of the company. The present case depicts a sad scenario as the appellant who was injured has suffered from permanent disability which has been assessed at 100% and he is completely bed-ridden. The Motor Accident Claims Tribunal, New Delhi (for short ‘the tribunal’) awarded compensation of Rs.1,25,00,000/- (Rupees one crore twenty five lac). The High Court, on appeal, however, reduced the same to a sum of Rs.1,02,00,000/- (Rupees one crore two lac).
In the course of hearing, a suggestion was given to the learned counsel for the appellant whether the enhancement of the amount of compensation, as awarded by the tribunal and as reduced by the High Court, is further enhanced by a sum of Rs.20,00,000/-
..../2 C.A.No.2124/18 @ SLP(C)No.1174/17 .... (contd.)
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(Rupees twenty lac) would subserve the claim put forth. Learned counsel for the appellant accepted the same. Learned counsel for respondent no.1-insurer (Oriental Insurance Co. Ltd.) on which the liability has been fastened, however, left it to the discretion of this Court. The amount of compensation is enhanced accordingly.
Having heard learned counsel for the parties, we direct that the insurer shall deposit the enhanced amount before the tribunal within twelve weeks hence.
If the enhanced amount is not deposited within the stipulated time, it shall carry interest @ 9% p.a. from the date of presentation of the application. If, however, it is deposited within time, no interest shall accrue on the same.
The appeal stands disposed of in the above terms. There shall be no order as to costs.
............................CJI. [DIPAK MISRA] ..............................J. [A.M. KHANWILKAR] New Delhi.
February 15, 2018.