Supreme Court - Daily Orders
Smt. Dr. Y.R. Lalitha Rao W/O Shri ... vs The Managing Director, Ksrtc., (Bmtc ... on 15 October, 2015
Author: Chief Justice
Bench: Chief Justice, Arun Mishra
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).8724 OF 2015
(Arising from the SLP (C) No.4645/2015)
SMT. Dr. Y.R. LALITHA RAO
W/O SHRI ASWATHNARAYANA RAO
SINCE DEAD BY HER L.R.
SHRI ASWATHNARAYAN RAO ..APPELLANT (S)
VERSUS
THE MANAGING DIRECTOR, KSRTC.,
(BMTC DIVISION) ..RESPONDENT(S)
O R D E R
1. Delay condoned.
2. Leave granted.
3. This appeal is directed against the judgment and order passed by the High Court of Karnataka at Bangalore in M.F.A. No.3492 of 2011, dated 16.12.2013.
4. The appellant/claimant is the family member of the deceased, who met with an accident and succumbed to his injuries. On the claim made by the claimant, the Motor Accident Claims Tribunal, (for short, “the Tribunal”) had awarded a compensation of Signature Not Verified Digitally signed by NEETU KHAJURIA Date: 2015.10.28 14:05:32 IST Reason: Rs.1,81,763/- along with interest at the rate of 6% per annum.
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5. Being aggrieved by the compensation so awarded by the Tribunal, the appellant/claimant preferred an appeal before the High Court for enhancement of the compensation. The High Court, by its impugned judgment and order has allowed the appeal and enhanced the compensation awarded by the Tribunal from Rs.1,81,763/- to Rs.2,71,350/-.
6. Aggrieved by the judgment and order so passed by the High Court the appellant/claimant is before us.
7. We have heard learned counsel for the parties to the lis.
8. After carefully going through the impugned 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 deem it appropriate to further enhance the compensation by Rs.9,00,000/-.
9. Accordingly, while allowing the appeal filed by the appellant/claimant, we modify the judgment and order passed by the High Court and enhance the 3 compensation by Rs.9,00,000/- over and above the award so passed by the High Court with interest at the rate of 6% per annum on the enhanced amount from the date of the order passed by the High Court.
11. The Civil Appeal is disposed of accordingly.
.............CJI.
(H.L. DATTU) ...............J. (ARUN MISHRA) NEW DELHI, OCTOBER 15, 2015.
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ITEM NO.43 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). 4645/2015
(Arising out of impugned final judgment and order dated 16/12/2013 in MFA No. 3492/2011 passed by the High Court Of Karnataka At Bangalore) SMT. Dr. Y.R. LALITHA RAO W/O SHRI ASWATHNARAYANA RAO SINCE DEAD BY HER L.R. SHRI ASWATHNARAYAN RAO Petitioner(s) VERSUS THE MANAGING DIRECTOR, KSRTC., (BMTC DIVISION) Respondent(s) Date : 15/10/2015 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) *Proxy counsel for Mr. V. N. Raghupathy,Adv.
For Respondent(s) Ms. Farhat Jahan Rehmani, Adv.
For Mr. Rajeev Singh,Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is disposed of in terms of the signed order.
Pending application(s), if any, stand disposed of.
(Neetu Khajuria) (Vinod Kulvi) Sr.P.A. Assistant Registrar (Signed order is placed on the file.)