Supreme Court - Daily Orders
Kanchan Mala vs Divisional Manager, Oriental ... on 29 October, 2015
Author: Chief Justice
Bench: Chief Justice, Arun Mishra
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9248 OF 2015
(Arising out of S.L.P.(C)No.25660 of 2015)
KANCHAN MALA AND ORS. ..APPELLANT(S)
VERSUS
DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.
AND ORS. ..RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal is directed against the judgment and order passed by the High Court of Judicature at Patna in Misc. Appeal No.802 of 2012, dated 30.01.2015, whereby and whereunder the High Court has set aside the order of the Tribunal on the ground that the claimants had preferred a claim under Section 140 of the Motor Vehicles Act, 1988 with respect to the same accident and hence could not have preferred another claim petition either under Section 163A or Section 166 of the said Act. Signature Not Verified
3. Digitally signed by Ramana Venkata Ganti Date: 2015.11.04 The appellants/claimants are the family members 13:52:29 IST Reason:
of the deceased, who met with an accident and succumbed to his injuries. On the claim made by the 2 appellants/claimants, the Motor Accident Claims Tribunal (for short 'the Tribunal') at Vaishali, had awarded a compensation of Rs.16,95,724/- with interest at the rate of 9% p.a. on the amount within one month from the date of the judgment.
4. Being aggrieved by the compensation so awarded by the Tribunal, the respondent insurance company has preferred appeal before the High Court. The High Court, by its impugned judgment and order has set aside the order of the Tribunal on the ground that the claimants had preferred a claim under Section 140 of the Motor Vehicles Act, 1988 with respect to the same accident and hence could not have preferred another claim petition either under Section 163A or Section 166 of the said Act. Aggrieved by the judgment and order passed by the High Court, the appellants/claimants are before us in this appeal.
5. We have heard learned counsel for the parties to the lis.
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6. After going through the judgments and orders 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 Tribunal be restored and the impugned judgment(s) and order(s) passed by the High Court be set aside.
7. Accordingly, while allowing this appeal, we set aside the order passed by the High Court and restore the judgment and order passed by the Tribunal in toto.
8. We clarify that the compensation shall be paid by the respondent -insurance company as expeditiously as possible at any rate within a period of six weeks from today, without any deductions whatsoever.
Ordered accordingly.
............CJI.
(H.L. DATTU) ..............J. (ARUN MISHRA) NEW DELHI, OCTOBER 29, 2015.
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ITEM NO.70 COURT NO.1 SECTION XVI
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(s). 25660/2015
(Arising out of impugned final judgment and order dated 30/01/2015 in MA No. 802/2012 passed by the High Court Of Patna) KANCHAN MALA AND ORS. Petitioner(s) VERSUS DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD. AND ORS. Respondent(s) (with appln. (s) for exemption from filing c/c of the impugned judgment and exemption from filing O.T. and permission to file additional documents and office report) Date : 29/10/2015 This petition was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Gaurav Agrawal,Adv. For Respondent(s) Mr.S.L.Gupta, Adv.
Mr.Vikash Chandra, Adv.
Mr. Varinder Kumar Sharma,Adv. Mr.Dinesh Mohan Sinha, Adv.
Mr.Rajeeb Kr.Sahu, Adv.
Mr.Rajeev Kumar Deora,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed, in terms of the signed order. Pending application(s), if any, is/are disposed of.
(G.V.Ramana) (Vinod Kulvi)
AR-cum-PS Asstt.Registrar
(Signed order is placed on the file)