Supreme Court - Daily Orders
Skirthi Sahu @ S. Kirthi W/O Late ... vs The Manager, Regional Office (Motor Tp ... on 26 December, 2017
Author: Chief Justice
Bench: Chief Justice, Navin Sinha
CA 24104/2017
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No. 24104/2017
(arising out of SLP (C) No. 11953/2017)
SKIRTHI SAHU @ S. KIRTHI
W/O LATE NEERAJ KUMAR SAHU Appellant
VERSUS
THE MANAGER, REGIONAL OFFICE
(MOTOR TP HUB), THE NEW INDIA ASSURANCE
COMPANY LTD & ORS. Respondents
O R D E R
Leave granted.
Heard Mr. P. Soma Sundaram, learned counsel for the Appellant, Mr. J.P.N. Shahi, learned counsel for the respondent no. 1-insurance company, and Mr. Rajiv Kumar, learned counsel for the respondent nos. 3 to 6.
The present appeal by way of special leave assails the judgement and order dated 13.4.2016 passed by the High Court of Karnataka at Bengaluru in MFA No. 832/2015 (MV), whereby the High Court has reduced the amount of compensation from Rs.58,90,000/- (Rupees fifty eight lacs ninety thousand only) awarded by the Motor Accident Claims Tribunal, Bangalore City to Rs.41,23,000/- (Rupees forty Signature Not Verified one lacs twenty three thousand only) on the ground that Digitally signed by CHETAN KUMAR Date: 2017.12.30 12:17:41 IST Reason: there was contributory negligence by the deceased, which could be assessed at 30%.
Having heard learned counsel for the parties at CA 24104/2017 2 length and considering the materials on record, we think it appropriate to hold that the contributory negligence of the deceased-motorcyclist should have been assessed at 15%, and accordingly, it is so ordered. Therefore, the amount of compensation would come to Rs.50,10,000/- (Rupees fifty lacs ten thousand only). Some amount towards the interest has to be added. Learned counsel for the parties fairly stated that a reasonable amount should be awarded in that regard. In view of the aforesaid, it is directed that a sum of Rs.52,50,000/- (Rupees fifty two lacs fifty thousand only) including the interest component be deposited before the Tribunal within twelve weeks hence which shall be disbursed in favour of the appellant, keeping in view the judgment of this Court in General Manager, Kerala State Road Transport Corporation, Trivandrum vs. Susamma thomas (Mrs.) & Ors., (1994) 2 SCC 176. If the amount is not deposited within the time frame, it shall carry interest at the rate of 9% per annum from the date of application before the Tribunal.
The appeal is disposed of accordingly with no order as to costs.
..................CJI.
[Dipak Misra] ....................J. [Navin Sinha] New Delhi;
December 26, 2017.
CA 24104/2017 3 ITEM NO.19 COURT NO.1 SECTION IV-A 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. 11953/2017 (Arising out of impugned final judgment and order dated 13-04-2016 in FA No. 832/2015 passed by the High Court Of Karnataka At Bangalore) SKIRTHI SAHU @ S. KIRTHI Petitioner VERSUS THE MANAGER, REGIONAL OFFICE (MOTOR TP HUB), THE NEW INDIA ASSURANCE COMPANY LTD & ORS. Respondents Date : 26-12-2017 This matter was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. P. Soma Sundaram, Adv. Mr. V. Senthil Kumar, Adv. Mr. Mahendra Kumar, Adv. Ms. C. Rupavathi, Adv. Mr. K.K.S. Krishna Raj, Adv. Mr. G. Sukumaran, Adv. Mr. M. A. Chinnasamy, AOR For Respondent(s) Mr. J.P.N. Shahi, Adv. Ms. Garima Prashad, AOR Mr. Harisha S.R., Adv. Mr. Rajiv Kumar, Adv. Mr. Ankolekar Gurudatta, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.CA 24104/2017 4
Pending interlocutory applications, if any, also stand disposed of.
(Deepak Guglani) (Jagdish Chander)
Court Master Court Master
(Signed order is placed on the file)