Supreme Court - Daily Orders
Reliance General Insurance Company ... vs Virpal Kaur @ Rupinder Kaur & Ors. Etc. on 29 October, 2015
Author: Chief Justice
Bench: Chief Justice, Arun Mishra
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 8007-8007 OF 2015
RELIANCE GENERAL INSURANCE .. APPELLANT(S)
COMPANY LIMITED ETC.
Versus
VIRPAL KAUR @ RUPINDER KAUR & ORS .. RESPONDENT(S)
ETC.
O R D E R
1. These appeals are directed against the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Gujarat at Ahmedabad in First Appeal No. 1048 OF 2012 and C.M. No. 28641 of 2014 In FAO No. 1048 of 2012, dated 21.05.2014 and 07.01.2015 respectively.
2. The respondents/claimants Widow,children and parents of deceased Gurjant Singh who died in an accident. On the claim made by the Signature Not Verified Digitally signed by Charanjeet Kaur Date: 2015.11.02 15:50:46 IST Reason: 2 respondents/claimants, the Motor Accident Claims Tribunal, Barnala (for short, “the Tribunal”) had awarded compensation of Rs.25,35,000/- with interest at the rate of 7 per cent per annum from the date of the petition.
4. Being aggrieved by the compensation so awarded by the Tribunal, the respondents/claimants preferred appeal before the High Court. By the impugned judgment and order, the High Court enhanced the compensation from Rs. 25,35,000/- to Rs. 47,86,000/-. On Review Petition filed by the Insurance company the High Court fixed the amount of compensation payable to the respondents/claimants at Rs. 45,06,019/-. Aggrieved by the judgments and orders passed by the High Court the Insurance company is before us in these civil appeals.
5. After carefully going through the judgment(s) and order(s) passed by the Tribunal as well as the 3 High Court and keeping in view the peculiar facts and circumstances of the case, we are of the considered opinion that the compensation awarded by the High Court be further reduced to Rs. 40,00,000/-.
7. Accordingly, while allowing these appeals we modify the judgment and order passed by the High Court. The respondents/claimants are now entitled for a total compensation of Rs.40,00,000/-
7. The Civil Appeals are disposed of accordingly.
.................CJI.
[ H.L. DATTU ] ...................J. [ ARUN MISHRA ] NEW DELHI, OCTOBER 29, 2015.
ITEM NO.14 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
Civil Appeal No(s). 8006-8007/2015
RELIANCE GENERAL INSURANCE COMPANY LTD. ETC. Appellant(s)
VERSUS
VIRPAL KAUR @ RUPINDER KAUR & ORS. ETC. Respondent(s)
Date : 29/10/2015 These appeals were called on
for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE ARUN MISHRA For Appellant(s) Ms. Shantha Devi Raman, Adv.
Mr. Garvesh Kabra,Adv.
For Respondent(s) Mr. Vivek Vishnoi, Adv.
Mr.Himanshu Gupta, Adv.
Mr. Anil Kumar Tandale,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.
[ Charanjeet Kaur ] [ Vinod Kulvi ] A.R.-cum-P.S. Asstt. Registrar [ Signed order is placed on the file ]