Supreme Court - Daily Orders
Chandra Kala Sharma vs Mohd. Naushad on 9 July, 2018
Bench: S.A. Bobde, L. Nageswara Rao
1
REVISED
ITEM NO.11 COURT NO.6 SECTION X
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) Diary No(s). 15987/2018
(Arising out of impugned final judgment and order dated 30-12-
2016 in WP No. 3459/2016 passed by the High Court Of
Uttarakhand At Nainital)
CHANDRA KALA SHARMA Petitioner(s)
VERSUS
MOHD. NAUSHAD & ANR. Respondent(s)
(WITH IA No.71296/2018-CONDONATION OF DELAY IN FILING and IA
No.71297/2018-EXEMPTION FROM FILING O.T.)
Date :09-07-2018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE
HON'BLE MR. JUSTICE L. NAGESWARA RAO
For Petitioner(s)
Mr. Samir Malik, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
We are not inclined to entertain this special leave petition filed on behalf of the Sister of the deceased who got herself impleaded after the death of the widow of the deceased. Learned counsel for the petitioner relied upon a judgment of this Court in Signature Not Verified the case of Manjuri Bera (Smt.) vs. Oriental Insurance Digitally signed by CHARANJEET KAUR Date: 2018.07.23 16:45:04 IST Reason: company Ltd & Anr. (2007) 10 SCC 643. This Court held that any legal representative of the deceased may 2 become entitled to compensation. Any such representative can file a claim petition. We are in of this Court. However, the above case only deals with the applicability of any legal representative to claim compensation. It does not lay down the proposition that even if a claimant has not suffered any loss since he was not dependent on the deceased, he/she is still entitled to compensation.
In the present case there is no evidence that the sister was dependent vide judgment of this Court in the case of Sarla Verma (smt.) & Ors. vs. Delhi Transport Corporation & Anr. (2009) 6 SCC 121.
The special leave petition is dismissed accordingly.
[ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ]
A.R.-cum-P.S. Asstt. Registrar
3
ITEM NO.11 COURT NO.6 SECTION X
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) Diary No(s). 15987/2018 (Arising out of impugned final judgment and order dated 30-12- 2016 in WP No. 3459/2016 passed by the High Court Of Uttarakhand At Nainital) CHANDRA KALA SHARMA Petitioner(s) VERSUS MOHD. NAUSHAD & ANR. Respondent(s) (WITH IA No.71296/2018-CONDONATION OF DELAY IN FILING and IA No.71297/2018-EXEMPTION FROM FILING O.T.) Date :09-07-2018 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. Samir Malik, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R We are not inclined to entertain this special leave petition filed on behalf of the Sister of the deceased who got herself impleaded after the death of the widow of the deceased. Learned counsel for the petitioner relied upon a judgment of this Court in the case of Manjuri Bera (Smt.) vs. Oriental Insurance company Ltd & Anr. (2007) 10 SCC 643. This Court held that any legal representative of the deceased may 4 become entitled to compensation. Any such representative can file a claim petition. We are in of this Court. However, the above case only deals with the applicability of any legal representative to claim compensation. It does not lay down the proposition that even if a claimant has not suffered any loss since he was not dependent on the deceased, he/she is still entitled to compensation.
In the present case there is no evidence that the sister was dependent vide judgment of this Court in the case of Sarla Verma (smt.) & Ors. vs. Delhi Transport Corporation & Anr. (2009) 6 SCC 121.
The special leave petition is dismissed accordingly.
[ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ]
A.R.-cum-P.S. Asstt. Registrar