Supreme Court - Daily Orders
Divisional Manager National Insurance ... vs New India Assurance Co. Ltd. Through Its ... on 22 December, 2017
Author: Chief Justice
Bench: Chief Justice, Sanjay Kishan Kaul
CA 24061/2017
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.24061 OF 2017
(Arising out of S.L.P.(C) No.34133 of 2016)
Divisional Manager, National Insurance Appellant(s)
Company Limited
Versus
The New India Assurance Co. Ltd. Respondent(s)
and Others
WITH
CIVIL APPEAL NOS.24062-24064 OF 2017
(Arising out of S.L.P.(C) No.22817-22819 of 2017)
O R D E R
Leave granted.
The appellants in Civil Appeal Nos.24062-24064 of 2017, are the legal representatives of the deceased, who was working as an Assistant Manager in N.T.P.C. and was drawing a salary of Rs.25,726/- per month. The claimants are the son and the parents of the deceased. The tribunal taking note of the age of the deceased i.e. 35 years, and considering the salary component, awarded a sum of Rs.32,45,367/-. Signature Not Verified Digitally signed by CHETAN KUMAR Date: 2017.12.23 17:46:11 IST Reason: Three appeals were preferred by the New India Assurance Company Limited before the High Court, challenging its liability on the foundation that National Insurance CA 24061/2017 2 Company is liable. The High Court by the impugned judgment and order came to hold that the National Insurance Company which is the insurer of the Maruti car is liable to pay 50%. Thus, the High Court as is percipitible, held both the insurers equally liable.
Against the aforesaid impugned order, the National Insurance Company Limited has also preferred the appeal being Civil Appeal No.24061 of 2017. It is submitted by Ms. Hetu Arora, learned counsel appearing for the appellant in the civil appeal that the High Court has erroneously appreciated the facts and circumstnaces and fastened the liability up to 50% on the National Insurance Company Limited though the vehicle, a tanker, which was ensured with the New India Assurance, is squarely liable. It is urged by her that the driver of the tanker all of sudden applied the break, as a consequence of which the driver of the Maruti car, the deceased, was put in such a situation that the car banged against the tanker and the accident occurred.
Per contra, learned counsel appearing for the New India Assurance Company Limited would submit that the tanker was standing and the driver of the Maruti car dashed against it.
On a perusal of the order of the High Court, it is noticeable that the High Court has not ascribed any reason to hold the insurer of the Maruti car liable except emphatically CA 24061/2017 3 stating so. On a scrutiny of the evidence on record and the reasoning of the tribunal, we are of the considered opinion that the insurer of the tanker is singularly liable.
At this juncture, we are obliged to notice that no appeals were preferred by the claimants before the High Court. It is urged by Mr. Shilp Vinod, learned counsel appearing for the claimants that the tribunal has not taken into consideration the future prospects and as per the latest judgment in National Insurance Company Limited vs. Pranay Sethi and Others (2017) 13 SCALE 12, 50% is necessary to be added.
In the course of hearing, a suggestion was given to the Mr. Shilp Vinod, learned counsel appearing for the appellants in Civil Appeal Nos.24062-24064 of 2017, whether lump sum enhancement of the amount by Rs.10,00,000/- (Rupees ten lacs only) will satisfy the claim. Learned counsel accepted that would be just compensation. Mr. D.K. Sinha, learned counsel appearing for the respondent-insurer, left it to the discretion of the Court.
In view of the aforesaid enhancement, the enhanced amount comes to Rs.42,45,367/- which shall be deposited deducting the amount already deposited excluding the interest within twelve weeks hence, before the tribunal, failing which it shall carry interest at the rate of 9% per annum from the date of application before the tribunal. The amount deposited CA 24061/2017 4 shall be disbursed in favour of the claimants on proper identification.
In addition, the amount awarded by the tribunal with regard to the death of the mother and sister stands restored and, accordingly, the balance amount shall be deposited within twelve weeks hence before the tribunal.
The appeals are allowed to the extent indicated above. There shall be no order as to costs.
..................CJI.
[Dipak Misra] ....................J. [Sanjay Kishan Kaul] New Delhi December 22, 2017.
CA 24061/20175
ITEM NO.30 COURT NO.1 SECTION X
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.34133/2016
(Arising out of impugned final judgment and order dated 09-06-2016 in AFO No. 230/2010 passed by the High Court Of Uttarakhand At Nainital) DIVISIONAL MANAGER NATIONAL INSURANCE Petitioner(s) COMPANY LTD.
VERSUS NEW INDIA ASSURANCE CO. LTD. THROUGH Respondent(s) ITS DIVISIONAL MANAGER & ORS.
WITH S.L.P.(C) Nos.22817-22819/2017 (X) (With appln.(s) for c/delay in filing and refiling SLP) Date : 22-12-2017 These petitions were called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Hetu Arora Sethi, AOR Mr. Shilp Vinod, Adv. Ms. Shobha Ramamoorthy, AOR Mr. Sriram, Adv.
Mr. Abhimoolam, Adv.
For Respondent(s) Mr. Praveen Swarup, AOR Mr. Suvesh Kumar, Adv. Mr. Arvind Kumar, Adv. Mr. Subhoshree Sil, Adv. Mr. Lokendra Kr. Adv. Mr. Sahil Chaudhary, Adv.
Ms. Shobha Ramamoorthy, AOR Mr. Shilp Vinod, Adv.CA 24061/2017 6
Mr. Dharmendra Kumar Sinha, AOR Mr. Navdeep Singh, Adv. Mr. Ravi Mathatra, Adv. Mr. Kumar Ratneesh, Adv. Mr. R.K. Sinha, Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeals are allowed in terms of the signed order.
(Chetan Kumar) (Jagdish Chander)
Court Master Court Master
(Signed order is placed on the file)