Supreme Court - Daily Orders
United India Insurance Co. Ltd. vs N. Appi Reddy . on 17 March, 2015
Author: Chief Justice
Bench: Chief Justice, Arun Mishra, Amitava Roy
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1344 OF 2013
UNITED INDIA INSURANCE CO. LTD. ...APPELLANT(S)
VERSUS
N. APPI REDDY & ORS. ...RESPONDENT(S)
WITH
CIVIL APPEAL NO.1345-1346 OF 2013
BUDI UMA DEVI ...APPELLANT(S)
VERSUS
UNITED INDIA INSURANCE COMPANY
LIMITED & 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 of Andhra Pradesh at Hyderabad in M.A.C.M.A. No.2535 of 2006 and M.A.C.M.A. No.1661 of 2006, dated 14.03.2011.
Signature Not VerifiedDigitally signed by NEETU KHAJURIA Date: 2015.03.21 12:54:09 IST Reason: 2
2. The claimants are the family members of the deceased who met with an accident and succumbed to his injuries. On the claim made by the claimants, the III Additional Chief Judge cum XVII Additional Chief Judge, Hyderabad (for short, “the Tribunal”) had awarded a compensation of Rs.13,70,000/- along with interest at the rate of 7.5 per cent per annum.
3. Being aggrieved by the compensation so awarded by the Tribunal, the insurance company preferred appeal before the High Court. The High Court, by its impugned judgment and order, has allowed the appeal filed by the insurance company and reduced the compensation awarded by the Tribunal from Rs.13,70,000/- to Rs.12,91,000/-.
4. Aggrieved by the judgment and order passed by the High Court the claimants as well as the insurance company is before us in cross appeals.
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5. Heard learned counsel for the parties to the lis.
6. After carefully going through the impugned judgment(s) and order(s) passed by the High Court as well as the other material available on record and in view of the peculiar facts and circumstances of the case, we are of the opinion that the High Court was not justified in reducing the compensation.
7. Accordingly, we set aside the order passed by the High Court and restore the order passed by the Tribunal. Further, we enhance the compensation payable by the Tribunal from Rs.13,70,000/- to Rs.15,00,000/- with interest at the rate of 7.5%. The interest on the enhanced amount shall be paid from the date of filing of the claim petition. 4
8. The Civil Appeals are disposed of, accordingly.
.............CJI.
(H.L. DATTU) ...............J. (ARUN MISHRA) ...............J. (AMITAVA ROY) NEW DELHI, MARCH 17, 2015.
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ITEM NO.26 COURT NO.1 SECTION XIIA
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). 1344/2013
UNITED INDIA INSURANCE CO. LTD. Appellant(s)
VERSUS
N. APPI REDDY & ORS. Respondent(s)
(with office report)
WITH C.A. No. 1345-1346/2013 (With Office Report) Date: 17/03/2015 These appeals were called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE AMITAVA ROY For Appellant(s) Mr. A.K. Raina, Adv.
Mr. A.K. Kaul, Adv.
For Dr. Kailash Chand,Adv.
Mr. G.V.R. Choudary, Adv. Mr. K. Shivraj Choudhuri,Adv. Mr. A. Chandra Sekhar, Adv.
For Respondent(s) Mr. G.V.R. Choudary, Adv.
Mr. K. Shivraj Choudhuri,Adv. Mr. A. Chandra Sekhar, Adv.
UPON hearing the counsel the Court made the following O R D E R The civil appeals are disposed of in terms of the signed order.
(Neetu Khajuria) (Vinod Kulvi) Sr.P.A. Assistant Registrar (Signed order is placed on the file.)