Supreme Court - Daily Orders
Manik Parida & Others vs Divisional Manager Oriental Insurance ... on 27 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. 8939 OF 2015
(Arising out of S.L.P.(C) No.23565 of 2014)
MANIK PARIDA AND ORS. ..APPELLANT(S)
VERSUS
THE DIVISIONAL MANAGER, ORIENTAL
INSURANCE CO. LTD. AND ORS. ..RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal is directed against the judgment and order passed by the High Court of Orissa at Cuttack in M.A.C.A. No.603 of 2008 dated 05.05.2014.
3. The appellants/claimants are the family members of the deceased, who has met with an accident and succumbed to his injuries. On the claim made by the appellant/claimant, the Additional District Judge-Motor Accident Claims Tribunal, Jagatsinghpur (for short, ‘the Tribunal’), had awarded a compensation of Rs.2,00,000/- with interest @9% p.a. from the date of filing of the Signature Not Verified Digitally signed by Ramana Venkata Ganti Date: 2015.10.30 17:04:28 IST case till actual realization.
Reason:
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4. Being aggrieved by the compensation so awarded by the Tribunal, the appellants/claimants have preferred an appeal before the High Court. The High Court, by its impugned judgment and order, has confirmed the compensation awarded by the Tribunal. Aggrieved by the judgment and order passed by the High Court, the appellants/claimants are before us in this appeal.
5. We have heard learned counsel for the parties to the lis.
6. 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 further enhanced by another sum of Rs.1,50,000/-.
7. Accordingly, while allowing this appeal, we modify the judgment and order passed by the High Court. The appellants/claimants are now entitled for another sum of Rs.1,50,000/- over and above the compensation so awarded by the Tribunal with interest at the rate of 6 3 per cent on the enhanced amount from the date of the order passed by the High Court.
8. We clarify that the compensation shall be paid by the respondent Nos.1 and 3 equally as expeditiously as possible at any rate within a period of six weeks from today, without any deductions whatsoever.
Ordered accordingly.
............CJI.
(H.L. DATTU) ..............J. (ARUN MISHRA) NEW DELHI, OCTOBER 27, 2015.
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ITEM NO.85 COURT NO.1 SECTION XIA
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). 23565/2014
(Arising out of impugned final judgment and order dated 05/05/2014 in MACA No. 603/2008 passed by the High Court Of Orissa At Cuttack) MANIK PARIDA & OTHERS Petitioner(s) VERSUS DIVISIONAL MANAGER ORIENTAL INSURANCE CO. LTD.
& OTHERS Respondent(s) Date : 27/10/2015 This petition was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr.Chitta Ranjan Mishra, Adv.
Mr.D.P.Singh Yadav, Adv Mr. Binay Kumar Das,Adv.
For Respondent(s) Mr.Ajay Singh, Adv.
For Dr. Nafis A. Siddiqui,Adv.
Mr. Rajesh Kumar Gupta,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is 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)