Supreme Court - Daily Orders
Pukh Raj Bumb vs Jagannath Atchut Naik on 14 October, 2014
Bench: Ranjana Prakash Desai, N.V. Ramana
ITEM NO.35 COURT NO.5 SECTION IX
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). 35633/2013
(Arising out of impugned final judgment and order dated 11/07/2013
in FA No. 32/2013 passed by the High Court of Bombay at Goa)
PUKH RAJ BUMB Petitioner(s)
VERSUS
JAGANNATH ATCHUT NAIK & ORS Respondent(s)
(With office report)
Date : 14/10/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI
HON'BLE MR. JUSTICE N.V. RAMANA
For Petitioner(s)
Mr. V. Shekhar, Sr. Adv.
Ms. Triveni Poteker, Adv.
Mr. Shashank Shekhar, Adv.
Dr. G.L. Bhatia, Adv.
Mr. Chander Shekhar Ashri,Adv.
For Respondent(s)
Mr. Priyadrshi Gopal, Adv.
Ms. Rameeza Hakeem, Adv.
M/s. Law Associates,Adv.
UPON hearing the counsel the Court made the following
O R D E R
The petitioner has suffered permanent disability of 91.5%. He was 67 years old at the time of accident.
He preferred a claim before the Motor Accidents Claim Tribunal. The Motor Accidents Claim Tribunal did not award any compensation to the petitioner. The petitioner carried an appeal before the Bombay High Court. The Bombay High Court dismissed the Signature Not Verified Digitally signed by appeal filed by the petitioner.
Vishal Anand Date: 2014.10.15 16:50:39 IST Reason:We have heard learned Senior counsel for the petitioner and learned counsel for respondent no.3.
We requested learned counsel for respondent no.3 viz. Bajaj -2- Alianz General Insurance Company Limited to consider paying some amount to the petitioner in the peculiar facts and circumstances of the case.
We are happy to note that respondent no.3 has agreed to pay an amount of Rs.15,00,000/- (Rupees Fiften Lakhs only) in full and final settlement of the petitioner's claim without prejudice to the rights and contentions of respondent no.3.
Learned senior counsel for the petitioner is agreeable to this amount. Learned counsel for respondent no.3 states that the amount will be paid to the claimant or his wife directly within a period of six weeks from today. The statements made by learned counsel for the parties are accepted.
We make it clear that this order shall not be treated as a precedent as it is passed in the peculiar facts and circumstances of the case. We make it further clear that this order is passed without prejudice to the rights and contentions of respondent no.3. We record our appreciation of the approach adopted by respondent no.3 in the facts and circumstances of this case.
In view of the statement made by the counsel, nothing survives in this Special Leave Petition.
The Special Leave Petition is disposed of in the afore-stated terms.
(VISHAL ANAND) (INDU POKHRIYAL)
COURT MASTER COURT MASTER