Supreme Court - Daily Orders
Kandasami vs Linda Briyal on 24 April, 2023
Bench: A.S. Bopanna, Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3125 OF 2023
(Arising out of SLP (C) Nos. 33897 of 2018)
KANDASAMI & ORS. APPELLANT (S)
VERSUS
LINDABRIYAL & ANR. RESPONDENT(S)
J U D G M E N T
Delay condoned subject to denial of interest for the period of delay.
Leave granted.
The appellants are before this Court seeking enhancement of the compensation against the sum awarded by the Motor Accidents Claims Tribunal (For short `MACT’) through its judgment dated 07.08.2012 and enhanced by the High Court through its judgment dated 13.03.2013.
The only question for consideration herein is with regard to the quantum of compensation. The accident had occurred on 28.09.2008 and the deceased was aged 28 years. It is the claim of the appellants that the deceased had completed B-Tech course and also done a course in Computer Applications. Though, the salary certificate exhibited at Annexure P-35 was relied upon Signature Not Verified Digitally signed by Rajni Mukhi Date: 2023.04.26 by 17:32:02 IST Reason: the appellants before the MACT, the salary as indicated in 1 the Salary Certificate has not been accepted by the MACT since the P.W.2 who had issued the salary certificate himself has stated that he had started his company about three months back and there was no other document to establish the same.
Be that as it may, even in that circumstance, when it is established that the deceased was an engineering graduate and the employment opportunities during the year 2008 is kept in view, even on a conservative estimate the sum of Rs.25,000/- to be reckoned would be justified. In that view, in the instant case we would reckon income of the deceased at Rs.25,000/- per month. Towards the same, 40% is to be awarded as `future prospects’ which would be in a sum of Rs.10,000/-. Hence, the total income would be Rs.35,000/- per month of which 50% is to be deducted, as the deceased was Bachelor. The amount of Rs.17,500/- if taken on the annual basis and the appropriate multiplier of `17’ is applied, the amount would be in a sum of Rs.35,70,000/-. The sum of Rs.70,000/- is added towards `conventional heads’. Hence, the total compensation would work out Rs.36,40,000/-. The High Court has awarded a sum of Rs.10,97,000/-. The appellants would therefore be entitled to the enhanced compensation of Rs. 25,43,000/-with interest at 7.5% per annum from the date of the petition before the MACT till the date of payment.
2 The amount shall be calculated and be deposited by the respondent No.2-Insurance Company before the MACT. Towards the period of delay, respondent No.2 would be entitled to deduct the interest and deposit the balance amount with interest for the remaining period. On the amount being deposited, the MACT may apportion the same in the manner as it has decided earlier and disburse to the claimants.
The appeal is, accordingly, disposed of.
……………………………………………………J. [A.S. BOPANNA] ……………………………………………….J. [HIMA KOHLI] NEW DELHI;
APRIL 24, 2023
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ITEM NO.4 COURT NO.12 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No.33897/2018 (Arising out of impugned final judgment and order dated 13-03-2013 in CMA No. 49/2013 passed by the High Court of Judicature at Madras) KANDASAMI & ORS. Petitioner(s) VERSUS LINDA BRIYAL & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.169831/2018-CONDONATION OF DELAY IN FILING and IA No.169832/2018-CONDONATION OF DELAY IN REFILING[ MACT MATTER ] Date : 24-04-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Nagamuthu, Sr. Adv.
Mr. C. Paramasivam, Adv.
Mr. Nishant Sharma, Adv.
Mr. Rakesh K. Sharma, AOR For Respondent(s) Mr. Abhinav Singh, Adv.
Mr. Gopal Singh, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned subject to denial of interest for the period of delay.
Leave granted.
The appeal is disposed of in terms of signed judgment. Pending application(s) shall stand disposed of.
(RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed judgment is placed on the file) 4