Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

K. Narasimha Murthy vs Divn. Manager, Oriental Ins.Co.Ltd. on 29 September, 2015

Author: Chief Justice

Bench: Chief Justice, Arun Mishra

                                                   1

                                 IN THE SUPREME COURT OF INDIA
                                  CIVIL APPELLATE JURISDICTION

                                 CIVIL APPEAL NO.7291 OF 2010


                 K. NARASIMHA MURTHY                            ..APPELLANT(S)

                                                 VERSUS

                 DIVISIONAL MANAGER,
                 ORIENTAL INSURANCE CO. LTD.                    ..RESPONDENT(S)


                                                 O R D E R

1. This appeal is directed against the judgment and order passed by the High Court of Karnataka at Bangalore in M.F.A. No.2255 of 2006, dated 11.01.2010.

2. The appellant/claimant has met with an accident and sustained grievous injuries. On the claim made by the appellant/claimant, the Motor Accident Claims Tribunal, Bangalore (for short, “the Tribunal”) had awarded a compensation of Rs.1,76,500/- along with interest at the rate of 6 per cent per annum.

Digitally signed by NEETU KHAJURIA Date: 2015.10.10 14:59:01 IST Reason:  2

3. Being aggrieved by the compensation so awarded by the Tribunal, the appellant/claimant preferred an appeal before the High Court.

4. The High Court, by its impugned judgment and order has allowed the appeal filed by the appellant/claimant and enhanced the compensation awarded by the Tribunal from Rs.1,76,500/- to Rs.2,31,500/- with interest at 6 per cent per annum on the enhanced amount.

5. Aggrieved by the judgment and order passed by the High Court the appellant/claimant is before us in this appeal.

6. We have heard learned counsel for the parties to the lis.

7. After carefully going through the judgments and orders passed by the High Court and the Trial Court as well as the material available on record and in view of the peculiar facts and circumstances  3 of the case, we deem it appropriate to further enhance the compensation by Rs.75,000/- with interest at the rate of 6 per cent per annum on the enhanced amount from the date of the order passed by the High Court.

8. The Civil Appeal is disposed of accordingly.

.............CJI.

(H.L. DATTU) ...............J. (ARUN MISHRA) NEW DELHI, SEPTEMBER 29, 2015.

                                   4

ITEM NO.79          COURT NO.1                SECTION IVA

                S U P R E M E C O U R T O F            I N D
                        RECORD OF PROCEEDINGS

                 Civil Appeal     No(s).   7291/2010

K. NARASIMHA MURTHY                          Appellant(s)

                                VERSUS

DIVN. MANAGER, ORIENTAL INS.CO.LTD.        Respondent(s)

(With Appln.(s) for deletion of name of respondent No.2) Date : 29/09/2015 This appeal was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Appellant(s) Mr. V. N. Raghupathy,Adv.

Mr. Ashok Bannidinni, Adv. For Respondent(s) Mr. M. K. Dua,Adv.

Mr. Kishore Rawat, Adv.

UPON hearing the counsel the Court made the following O R D E R Application for deletion of respondent No.2 from the array of parties is allowed.

The appeal is disposed of in terms of the signed order.

(Neetu Khajuria) (Vinod Kulvi) Sr.P.A. Assistant Registrar (Signed order is placed on the file.)