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Supreme Court - Daily Orders

Sunita vs Anil Kumar . on 26 September, 2018

Author: Chief Justice

Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud

                                            IN THE SUPREME COURT OF INDIA
                                             CIVIL APPELLATE JURISDICTION
                                              Civil Appeal No. 10004/2018
                                       (arising out of SLP(C) No. 37438/2016)
                         SUNITA & ORS.                                            Appellants
                                                    VERSUS
                         NATIONAL INSURANCE COMPANY LTD.                          Respondent
                                                      O R D E R

Leave granted.

In the course of hearing, a suggestion was given to Mr. Karan Kapoor, learned counsel appearing for the appellants whether the enhancement of the amount by Rs.3,00,000/- (Rupees three lacs only) will satisfy the claim put forth in the appeal. Learned counsel accepted the same. Mr. Rohit K. Sinha, learned counsel appearing for the respondent-insurer, left it to the discretion of the Court.

In view of the aforesaid, the amount awarded is enhanced by Rs.3,00,000/- (Rupees three lacs only). The same shall be deposited before the Tribunal within twelve weeks hence failing which it shall carry interest at the rate of 9% per annum from the date of application before the Tribunal. The amount so deposited shall be disbursed in favour of the appellants keeping in view the judgment of this Court in General Manager, Kerala State Road Transport Corporation, Trivandrum vs. Susamma thomas (Mrs.) & Ors., (1994) 2 SCC 176.

With the aforesaid modification in the award passed by the tribunal, which has been further modified by the High Court, the appeal stands disposed of. There shall be no order as to costs.

..................CJI.

[Dipak Misra] Signature Not Verified ....................J. Digitally signed by DEEPAK GUGLANI [A.M. Khanwilkar] Date: 2018.09.28 17:16:26 IST Reason: ....................J. [Dr. D.Y. Chandrachud] New Delhi;

September 26, 2018.

ITEM NO.4                       COURT NO.1                    SECTION IV

                 S U P R E M E C O U R T O F     I N D I A
                         RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) No. 37438/2016 SUNITA & ORS. Appellants VERSUS NATIONAL INSURANCE COMPANY LTD. Respondent Date : 26-09-2018 This matter was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Appellants Mr. Karan Kapoor, Adv. Mr. Manik Kapoor, Adv. Mr. Chirag Aghi, Adv.
Mr. R.P. Goyal, Adv.
Mr. Aviral Kashyap, AOR For Respondent Mr. Rohit K. Sinha, Adv. Mr. Sanjay Kumar Singh, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
Pending interlocutory applications, if any, shall stand disposed of.
(Deepak Guglani) (H.S. Parasher) Court Master Assistant Registrar (signed order is placed on the file)