Supreme Court - Daily Orders
Rekha Sharma vs Raj.State Road Transport Corp. on 20 January, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2014
(Arising out of SLP(C) No. 5239 of 2013)
|Rekha Sharma & Ors. |.. APPELLANT |
Versus
|Rajasthan State Road Transport Corporation &|.. RESPONDENTS |
|Anr. | |
O R D E R
1. Leave granted.
2. This appeal is directed against the judgment and order passed by the High Court of Rajasthan, Jaipur Bench Jaipur in SB CMA No. 2671 of 2006, dated 27.03.2012. The High Court while partly allowing the appeal has enhanced the compensation from Rs.17,50,000/- to Rs.19,96,570/- with interest thereon.
3. The appellants/claimants are the family members of the deceased who met with an accident and succumbed to his injuries. On the claim petition filed by the appellants/claimants, the Court of Additional District Judge (Fast Track) No. 7, Jaipur City, Jaipur had awarded a compensation of Rs.17,50,000/- along with interest at the rate of 6 percent from the date of filing of the petition.
4. Being aggrieved by the award so passed by the Tribunal, the appellants/claimants preferred appeal before the High Court. The High Court by the impugned judgment and order has enhanced the compensation from Rs.17,50,000/- to Rs.19,96,570/- along with interest at the rate of 6 per cent. Aggrieved by the order so passed by the High Court the appellants/claimants are before us in this civil appeal.
5. Heard learned counsel for the parties to the lis.
6. 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 opinion that the compensation awarded by the High Court be further enhanced by sum of Rs.10,00,000/-.
7. Accordingly, we allow this appeal and modify the judgment and order passed by the High Court. The appellants/claimants are now entitled for a sum of Rs.10,00,000/- over and above the compensation so awarded by the High Court along with an interest at the rate of 6 per cent on the enhanced amount from the date of order passed by the High Court. The compensation so enhanced by us shall be paid after deducting the amount already paid, if any.
8. The respondents are directed to pay the aforesaid amount as expeditiously as possible at any rate within six weeks from today.
9. The Civil Appeal is disposed of accordingly.
Ordered accordingly.
....................J. [ H.L. DATTU ] ....................J. [ S.A. BOBDE ] NEW DELHI;
JANUARY 20, 2014.
ITEM NO.69 COURT NO.3 SECTION XV
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 (Civil) No(s).5239/2013 (From the judgement and order dated 27/03/2012 in SBCMA No.2671/2006 of The HIGH COURT OF RAJASTHAN AT JAIPUR) REKHA SHARMA & ORS. Petitioner(s) VERSUS RAJ.STATE ROAD TRANSPORT CORP.& ANR Respondent(s) (With office report) Date: 20/01/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE H.L. DATTU HON’BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. Basava Prabhu S. Patil, Sr. Adv.
Ms. Abha R. Sharma,Adv.
For Respondent(s) Mr. Imtiaz Ahmed, Adv.
Ms. Naghma Imtiaz, Adv.
for M/S.Equity Lex Associates,Adv.
UPON hearing counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
| [ Charanjeet Kaur ] | | [ Vinod Kulvi ] |
|Court Master | |Asstt. Registrar |
[ Signed order is placed on the file ]
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