Jakir Hussein vs Dinesh on 13 October, 2015

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Supreme Court - Daily Orders

Jakir Hussein vs Dinesh on 13 October, 2015

Author: Chief Justice

Bench: Chief Justice, Arun Mishra

                                              1




                               IN THE SUPREME COURT OF INDIA
                                CIVIL APPELLATE JURISDICTION

                             CIVIL APPEAL NO. 8629     OF 2015
                          (Arising out of SLP(C) No.7138 of 2014)

              JAKIR HUSSEIN & ORS.                     ..   APPELLANT(S)

                                           VERSUS

              DINESH & ORS.                            ..   RESPONDENT(S)

                                           WITH
                             CIVIL APPEAL NO. 8630     OF 2015
                          (Arising out of SLP(C) No.9171 of 2014)

              HAMIDA QUERESHI & ORS.                   ..   APPELLANT(S)

                                           VERSUS

              DINESH KUMAR & ORS.                      ..   RESPONDENT(S)


                                          O R D E R

1. Leave granted.

2. These appeals are directed against the judgment and order passed by the High Court of Madhya Pradesh, Bench at Indore in Miscellaneous Appeal Nos.69 and 77 Signature Not Verified of 2011, dated 07.02.2013.

Digitally signed by

Charanjeet Kaur Date: 2015.10.17 09:27:21 IST Reason: 2

3. The appellants/claimants are the family members of deceased who met with an accident and succumbed to his injuries. On the claim petition filed by the appellants/claimants, the Motor Accident Claims Tribunal Bhanupura, Distt. Mandsor, Madhya Pradesh (for short, “the Tribunal”) had awarded a compensation of Rs.3,42,000/- in Claim Petition No.15 of 2007 and Rs.6,02,000/- in Claim Petition No.14 of 2007 along with interest at the rate of 6 percent from the date of filing of the claim petitions.

4. Being aggrieved by the award so passed by the Tribunal, the appellants/claimants preferred appeals before the High Court. The High Court by the impugned judgment and order enhanced the compensation by Rs.1,15,000/- in Miscellaneous Appeal No.69 of 2011 and Rs.6,83,000/- in Miscellaneous Appeal No.77 of 2011 over and above the compensation awarded by the Tribunal in both the appeals. Aggrieved by the order so passed by the High Court the appellants/claimants 3 are before us in these Civil Appeals.

5. Shri Ravi Bakshi, learned counsel is directed to take notice on behalf of the insurance company.

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

7. After carefully going through the judgment(s) and order(s) 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.3,00,000/- in both the cases.

8. Accordingly, while allowing these appeals we modify the judgment and order passed by the High Court. The appellants/claimants are now entitled for an enhanced amount of Rs.3,00,000/- over and above the compensation awarded by the High Court at the 4 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.

9. The Civil Appeals are disposed of accordingly.

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

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

OCTOBER 13, 2015.

ITEM NO.60                 COURT NO.1                  SECTION IVA

               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). 7138/2014 (Arising out of impugned final judgment and order dated 07/02/2013 in MA No. 69/2011 passed by the High Court Of M.P At Indore) JAKIR HUSSEIN & ORS Petitioner(s) VERSUS DINESH & ORS Respondent(s) (With appln. (s) for exemption from filing O.T. and office report) WITH SLP(C) No. 9171/2014 (With appln.(s) for c/delay in refiling SLP and appln.(s) for c/delay in filing SLP and Office Report) Date : 13/10/2015 These petitions were called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. V.K. Sidharthan,Adv.

For Respondent(s) Mr. Ravi Bakshi, Adv.

UPON hearing the counsel the Court made the following O R D E R Shri Ravi Bakshi, learned counsel is directed to take notice on behalf of the insurance company.

The professional fee of Shri Ravi Bakshi, learned counsel will be paid by the insurance company within two months.

The appeals are allowed in terms of the signed order.

As a sequel to above order, all pending applications, if any, are disposed of.

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

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