Supreme Court - Daily Orders
Kailash Devi & Anr. Etc. vs Union Of India . on 14 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 NOS.2243-2244 OF 2013
KAILASH DEVI ETC.ETC. ..APPELLANT(S)
VERSUS
UNION OF INDIA AND ORS. ..RESPONDENT(S)
O R D E R
1. These appeals are directed against the judgment and order passed by the High Court of Judicature for Rajasthan, Jaipur, Bench at Jodhpur in S.B. Civil Misc. Appeal No.34 of 2000, S.B.Civil Cross Objection NO.8 of 2000 in S.B. Misc. Appeal No.34 of 2000, S.B. Civil Misc. Appeal No.33 of 2000, S.B. Civil Cross Objection No.9 of 2000 in S.B. Civil Misc. Appeal No.33 of 2000, dated 03.07.2002, whereby and whereunder the High Court has allowed S.B. Civil Misc. Appeal Nos.34 and 33 of 2000 are allowed and the claim petitions filed by the claimants and the cross objections are dismissed.
2. The appellants/claimants are the legal heirs of the deceased, who were met with an accident and succumbed Signature Not Verified to Digitally signed by Ramana Venkata Ganti Date: 2015.10.26 their injuries. On the claim made by the 16:29:21 IST Reason:
appellants/claimants, the (Addl. Distt. Judge) Motor Accident Claims Tribunal, Rayasanh Nagar (for short, “the 2 Tribunal”), had awarded a compensation of Rs.5,69,800/- and Rs.5,69,000/- respectively with interest at the rate of 12 per cent per annum from the date of filing the claim petition till realization.
3. Being aggrieved by the compensation so awarded by the Tribunal, the respondents-herein have preferred appeals before the High Court. The High Court, by its impugned judgment and order, has allowed S.B. Civil Misc. Appeal Nos.34 and 33 of 2000 are allowed and the claim petitions filed by the claimants and the cross objections are dismissed. Aggrieved by the judgment and order passed by the High Court, the appellants-claimants are before us, in these appeals.
4. Heard learned counsel for the parties to the lis.
5. After going through the judgments and orders 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 Tribunal be restored and the impugned judgment(s) and order(s) passed by the High Court be set aside.
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6. Accordingly, while allowing these appeals, we set aside the judgment(s) and order(s) passed by the High Court and restore the award passed by the Tribunal.
7. We clarify that the compensation shall be paid by the respondent Nos.1 and 2 equally as expeditiously as possible at any rate within a period of six weeks from today.
Ordered accordingly.
..............CJI.
(H.L. DATTU) ................J. (ARUN MISHRA) NEW DELHI, OCTOBER 14, 2015.
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ITEM NO.51 COURT NO.1 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 2243-2244/2013
KAILASH DEVI & ANR. ETC. Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(with interim relief and office report) Date : 14/10/2015 These appeals were called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Appellant(s) Mr. P. N. Puri,Adv.
Ms.Reeta Dewan Puri, Adv.
Mr.Abhishek Puri, Adv.
For Respondent(s) Mr.M.P.Gupta, Adv.
Mr.R.R.Rajesh, Adv.
Mr.Shahdman Ali, Adv.
Mr.Khairati, Adv.
Mr. D. S. Mahra,Adv.
UPON hearing the counsel the Court made the following O R D E R The appeals are allowed, in terms of the signed order. Pending application(s), if any, is/are disposed of.
(G.V.Ramana) (Vinod Kulvi) AR-cum-PS Asstt.Registrar
(Signed order is placed on the file)