Supreme Court - Daily Orders
Balbir Singh (D) Thr Lrs. vs Krishan Lal And Anr on 10 January, 2018
Author: Chief Justice
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.145 OF 2018
(Arising out of SLP(C).739/2018 CC No.3411/2017)
BALBIR SINGH (D) THR LRS. & ANR. ......APPELLANTS
VERSUS
KRISHAN LAL AND ANR .....RESPONDENTS
WITH
CIVIL APPEAL Nos.146-147 OF 2018
(Arising out of SLP(C)Nos.744-745/2018 CC Nos.3444-3445/2017)
O R D E R
Delay condoned.
Leave granted.
Heard Mr.Sunil Dalal, learned counsel for the appellants and Mr.D.K.Sinha, learned counsel for respondent No.2-Insurer.
In the course of hearing, a suggestion was given to the learned counsel for the appellants that if the amount of compensation is enhanced to Rs.6,00,000/- (Rupees six lakhs) for each of the claimants whether the claim be satisfied. Learned counsel for the appellants submitted that the appellants would be satisfied with the said amount. Learned counsel for respondent No.2 left it to the discretion of the Court. Signature Not Verified Digitally signed by SATISH KUMAR YADAV Date: 2018.01.17 19:54:59 TLT
Having heard learned counsel for the parties and having Reason:
perused the materials on record, we think it appropriate to enhance 2 the compensation amount to Rs.6,00,000/- (Rupees six lakhs) for each of the claimants. Respondent No.2 is accordingly directed to deposit Rs.6,00,000/- (Rupees six lakhs) for each of the claimants before the Tribunal within twelve weeks hence which shall be disbursed in favour of the legal representatives of the deceased (the appellants herein) in accordance with the law laid down in the case of General Manger, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas (Mrs.) & Ors., (1994) 2 SCC 176 on proper identification, failing which the enhanced amount shall carry interest at the rate of 9% per annum from the date of presentation of the application before the Tribunal.
In view of the above, the appeals are allowed to the extent indicated above and the order of the High Court is set aside. There shall be no order as to costs.
.........................CJI.
(DIPAK MISRA) ….........................J. (A.M.KHANWILKAR) ..........................J. (Dr.D.Y.CHANDRACHUD) NEW DELHI;
JANUARY 10, 2017.
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ITEM NO.64 COURT NO.1 SECTION IV-B
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 (C)No.739/2018 (CC No(s).
3411/2017)
(Arising out of impugned final judgment and order dated 18-02-2014 in FAO No.5564/2009 passed by the High Court of Punjab & Haryana at Chandigarh) BALBIR SINGH (D) THR LRS. & ANR. Petitioner(s) VERSUS KRISHAN LAL AND ANR Respondent(s) (FOR CONDONATION OF DELAY IN FILING ON IA 1/2017 [FOR FINAL DISPOSAL]) WITH S.L.P.(C) Nos.744-745/2018 (CC Nos.3444-3445/2017) (IV-B) (FOR CONDONATION OF DELAY IN FILING ON IA 1/2017) Date : 10-01-2018 These matters were 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 Petitioner(s) Mr.Sunil Dalal, Adv.
Mr.S.S.Ray, Adv.
Mr.Vaibhav Gulia, Adv.
Mr.Kanan Gupta, Adv.
Mr.Chandan Chawal, Adv. Mr.Vivek Jain, Adv.
Ms. Rakhi Ray, AOR For Respondent(s) Mr. Dharmendra Kumar Sinha, Adv.
Mr.Navdeep Singh, Adv.
Mr.Ravi Mehrotra, Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeals are allowed to the extent indicated in the signed order and the order of the High Court is set aside. There shall be no order as to costs.
(Chetan Kumar ) (H.S.Parasher) Court Master Assistant Registrar
(Signed order is placed on the file)