Supreme Court - Daily Orders
Kusmi Devi vs Md. Kasim on 15 May, 2023
Bench: A.S. Bopanna, C.T. Ravikumar
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO .3699 OF 2023
(@ SLP (C) No.15203 of 2019)
KUSMI DEVI APPELLANT(S)
VERSUS
MD. KASIM & ANR. RESPONDENT(S)
J U D G M E N T
Leave granted.
Heard learned counsel for the parties and perused the appeal papers.
In respect of the death of a three years old child in the accident which occurred on 25.08.1994, the Motors Accidents Claims Tribunal (For short `MACT’) through its Award dated 13.02.2015 had granted the compensation of Rs. 1,50,000/- with interest @ 9% per annum. The High Court through its judgment dated 13.12.2018 has enhanced it to a sum of Rs.5,00,000/- as a global compensation.
In a matter of the present nature where the regular parameters of determining the compensation cannot be considered due to the uncertainties in life of a child and as held by this Court, the lump sum Signature Not Verified compensation is being awarded. Without Digitally signed by Rajni Mukhi Date: 2023.05.16 17:49:23 IST Reason: 1 prejudice to the contentions all the parties and in the interest of justice, we deem it appropriate to grant a further sum of Rs.1,00,000/- as global enhancement which shall be deposited by the respondent No.2- Insurance Company before the MACT concerned within a period of three weeks from the date of receipt of a copy of this judgment, whereupon the amount shall be disbursed to the claimant.
The appeal is, accordingly, disposed of.
……………………………………………………J. [A.S. BOPANNA] ……………………………………………….J. [C.T. RAVIKUMAR] NEW DELHI;
MAY 15, 2023
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ITEM NO.1 COURT NO.9 SECTION XVII
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 No. 15203/2019 (Arising out of impugned final judgment and order dated 13.12.2018 in MA No. 139/2015 passed by the High Court of Jharkhand at Ranchi) KUSMI DEVI Petitioner(s) VERSUS MD. KASIM & ANR. Respondent(s) Date : 15-05-2023 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Appellant(s) Mr. S.N.Bhat, Sr. Adv.
Mr. Tarun Kumar Thakur, Adv. Mr. D.P.Chatruvedi, Adv. Ms. Parvati Bhat, Adv.
Ms. Anuradha Mutatkar, AOR For Respondent(s) Mr. Rajiv Ranjan Dwivedi, AOR Mr. Ved Parkash, Adv.
Mr. Vishal, Adv.
Mr. Manoj Kumar Jha, Adv. Mr. Ashish Singh, Adv.
Mr. Pankaj Kumar Singh, Adv.
Mr. Salil Paul, Adv.
Ms. Manjeet Chawla, 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 signed judgment. Pending application(s) shall also stand disposed of.
(RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed judgment is placed on the file) 3