Supreme Court - Daily Orders
Sunita Soni vs Manoj Kumar Malaiah &Amp Ors on 23 March, 2015
Bench: Madan B. Lokur, Adarsh Kumar Goel
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos.3108-3109 of 2015
(Special Leave Petition (C) No(s). 3917-3918 of 2014)
SUNITA SONI & ORS Appellant(s)
VERSUS
MANOJ KUMAR MALAIAH & ORS Respondent(s)
O R D E R
Leave granted.
We have heard learned counsel for the parties. The award passed by the High Court was a consent award. We are of the opinion that the amount awarded ought not be disturbed. However, looking into the facts and circumstances of the case including the fact that the deceased was a young man of 25 years of age and his mother is about 53 years of age, we are of the opinion that the High Court was in error in awarding only 6% interest per annum to the appellants from the date of filing of the claim petition.
In our opinion, looking into the peculiar facts and circumstances of this case, the rate of interest is increased to 12% per annum from the date of filing of the claim petition .
The Civil Appeals are disposed of on the above terms.
…....................J. [Madan B. Lokur] Signature Not Verified Digitally signed by Meenakshi Kohli Date: 2015.03.27 06:05:28 IST Reason: …....................J. [Adarsh Kumar Goel] NEW DELHI MARCH 23, 2015 ITEM NO.7 COURT NO.9 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). 3917-3918/2014 (Arising out of impugned final judgment and order dated 05/05/2011 in MA No. 3694/2006 and judgment and order dated 10/02/2012 in RP No. 300/2011 passed by the High Court Of M.P At Jabalpur) SUNITA SONI & ORS Petitioner(s) VERSUS MANOJ KUMAR MALAIAH & ORS Respondent(s) (With appln. (s) for exemption from filing c/c of the impugned order and exemption from filing O.T. and interim relief and office report) Date : 23/03/2015 These petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Sunil Singh Parihar, Adv.
Mr. S. K. Sabharwal,Adv.
For Respondent(s) Mr. Manish Pratap Singh, Adv.
Dr. Nafis A. Siddiqui,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
We have heard learned counsel for the parties. The civil appeals are disposed of in terms of the signed order.
(MEENAKSHI KOHLI) (JASWINDER KAUR) COURT MASTER COURT MASTER
[Signed Order is placed on the file]