Supreme Court - Daily Orders
Karnail Singh vs Gian Kaur . on 5 November, 2015
Author: Chief Justice
Bench: Chief Justice, Arun Mishra
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
civil APPEAL NO. 13378 OF 2015
(Arising out of S.L.P.(C) No. 8478 of 2015)
POONAM AND OTHERS .. APPELLANT(S)
Versus
NATIONAL INSURANCE COMPANY .. RESPONDENT(S)
LIMITED AND OTHERS
O R D E R
1. Leave granted.
2. This appeal is directed against the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in FAO No.7005 of 2001, dated 17.10.2014
3. The appellants/claimants are the family members of deceased Suresh Kumar who died in an accident. On the claim made by the appellants/claimants, the Motor Accident Claims Tribunal, Chennai (for short, Signature Not Verified Digitally signed by Charanjeet Kaur Date: 2015.11.07 12:25:42 IST Reason: 2 “the Tribunal”) Jind had awarded compensation of Rs.10,34,000/- with interest at the rate of 7.5 per cent per annum from the date of filing of the petition.
4. Being aggrieved by the compensation so awarded by the Tribunal, the Insurance company preferred appeal before the High Court. By the impugned judgment and order, the High Court allowed the appeal. Aggrieved by the judgment and order passed by the High Court the appellants/claimants are before us in this civil appeal.
5. After carefully going through the judgment(s) and order(s) 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 considered opinion that the order so passed by the High Court cannot be sustained.
3
6. Accordingly, we allow this appeal, set aside the judgment and order passed by the High Court and restore the order passed by the Tribunal.
7. The Civil Appeal is disposed of accordingly.
.................CJI.
[ H.L. DATTU ] ...................J. [ ARUN MISHRA ] NEW DELHI, NOVEMBER 05, 2015.
ITEM NO.21 COURT NO.1 SECTION IVB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 8478/2015
(Arising out of impugned final judgment and order dated 17/10/2014 in FAO No. 7005/2011 passed by the High Court Of Punjab & Haryana At Chandigarh) POONAM & OTHERS Petitioner(s) VERSUS NATIONAL INSURANCE COMPANY LTD. OTHERS Respondent(s) Date :05/11/2015 This petition was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Nitin Bhardwaj,Adv.
Mr. Rajiv Kumar Sinha, Adv. For Respondent(s) Mr. M.K. Dua,Adv.
Mr. Kishore Rawat, 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.
[ Charanjeet Kaur ] [ Vinod Kulvi ] A.R.-cum-P.S. Asstt. Registrar [ Signed order is placed on the file ]