Sarwaralam @ Sarwar Khan vs Arun Kumar Chaug . on 29 September, 2015

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Supreme Court - Daily Orders

Sarwaralam @ Sarwar Khan vs Arun Kumar Chaug . on 29 September, 2015

Bench: Chief Justice

È"                                                         1


                                     IN THE SUPREME COURT OF INDIA
                                      CIVIL APPELLATE JURISDICTION

                                        CIVIL APPEAL NO.9543 OF 2010


                  SARWARALAM @ SARWAR KHAN                               ..     APPELLANT(S)

                                                     VERSUS

                  ARUN KUMAR CHAUG & ORS.                                ..     RESPONDENT(S)

                                                    O R D E R

1. This appeal is directed against the judgment and order passed by the High Court of Madhya Pradesh, Bench at Indore in Miscellaneous Appeal No.1903 of 2009, dated 09.02.2010.

2. The appellant/claimant met with an accident and sustained grievous injuries. On the claim petition filed by the appellant/claimant the Motor Accident Claims Tribunal, Indore, Madhya Pradesh (for short, "the Tribunal") had awarded a compensation of Rs.7,87,000/- along with interest at the rate of 7.5 per cent per annum from the date of filing of the Signature Not Verified petition.

Digitally signed by

Charanjeet Kaur Date: 2015.10.05 17:46:36 IST Reason: 2

3. Being aggrieved by the award so passed by the Tribunal, the appellant/claimant preferred appeal before the High Court. The High Court by the impugned judgment and order had enhanced the compensation from Rs.7,87,000/- to Rs.11,41,000/-. Aggrieved by the order so passed by the High Court the appellant/claimant is before us in this Civil Appeal.

4. Heard learned counsel for the parties to the lis.

5. After carefully going through the judgments and orders passed by the Tribunal as well as the High Court and keeping in view the peculiar facts and circumstances of the case, we are of the opinion that the compensation awarded by the High Court be further enhanced by another sum of Rs.5,00,000/-.

6. Accordingly, while allowing this appeal we modify the judgment and order passed by the High Court. The appellant/claimant is now entitled for an enhanced amount of Rs.5,00,000/- over and above the 3 compensation awarded by the High Court, with an interest at the rate of 6 per cent on the enhanced amount from the date of order passed by the High Court. The compensation so enhanced by us shall be paid after deducting the amount already paid, if any.

7. The Civil Appeal is disposed of accordingly.

..............CJI.

[ H.L. DATTU ] ................J. [ ARUN MISHRA ] NEW DELHI;

SEPTEMBER 30, 2015
ITEM NO.8                       COURT NO.1                       SECTION IV

                    S U P R E M E C O U R T O F               I N D I A
                            RECORD OF PROCEEDINGS

Civil Appeal      No(s).   9543/2010

SARWARALAM @ SARWAR KHAN                                             Appellant(s)

                                           VERSUS

ARUN KUMAR CHAUG & ORS.                                             Respondent(s)

Date : 30/09/2015 This appeal was called on for hearing today. CORAM :

HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE ARUN MISHRA For Appellant(s) Mr. Joydeep Mazudar, Adv.

Ms. Sweety Chaterjee, Adv. Mr. Rohit Dutta, Adv.

Mr. Chiraranjan Addey,Adv.

For Respondent(s) Mr. S.L. Gupta, Adv.

Mr. M.K. Thakur, Adv.

Mr. Varinder Kr. Sharma, Adv. Mr. Brahm Shanker, Adv.

UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order.

The Registry is directed to send a copy of this order to the claimants forthwith.

[ Charanjeet Kaur ] [ Vinod Kulvi ] A.R.-cum-P.S. Asstt. Registrar [ Signed order is placed on the file ]

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