Supreme Court - Daily Orders
Dara Singh @ Dhara Banjara vs Shyam Singh Varma on 1 May, 2019
Bench: Arun Mishra, Uday Umesh Lalit
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4528/2019
[@ SLP [C] NO.5720/2019]
DARA SINGH @ DHARA BANJARA Appellant(s)
VERSUS
SHYAM SINGH VARMA & ORS. Respondent(s)
O R D E R
Leave granted.
The appeal arises out of the impugned final order dated 13.08.2018 passed in MA No.134/2016 by the High Court of Madhya Pradesh, Bench at Gwalior whereby the High Court enhanced the compensation by Rs.4,00,000/- in addition to the compensation already awarded by the Claims Tribunal without granting any interest from the date of filing of claim.
Briefly stated, the facts of the case are that the appellant Dara Singh @ Dhara Banjara was working as a Cleaner on Truck No.MP09-HG-1118. When the Truck was being driven by respondent No.1-Shyam Singh Verma from Saavda to Kanpur after loading the goods, at around 1:30 AM, respondent No.1 hit the Truck with another Truck parked on the road in front of Chaturvedi Petrol Pump, Bhognipur. In the above incident, the appellant got stuck in Truck and was taken out with great Signature Not Verified difficulties. He was immediately taken to Gandhi Memorial & Digitally signed by R NATARAJAN Date: 2019.05.06 17:04:55 IST Reason: Research Centre, Lucknow for treatment.
On account of injuries suffered, the left hand of the 2 appellant was amputated from below his shoulder. He also sustained fracture of left leg and nail was also inserted through operation. After discharge from the hospital at Lucknow, he was admitted to District Hospital, Shivpuri, Madhya Pradesh for further treatment.
The appellant filed a claim petition being Claim No.93 of 2014 under Section 163-A, Motor Vehicle Act before the Motor Accident Claim Tribunal, Shivpuri seeking compensation of Rs.15,30,000/- with interest @ 12 % per annum.
Vide order dated 20.11.2015, the Tribunal partly allowed the claim granting compensation of Rs.1,62,500/- along with simple interest @ 9% per annum with litigation cost of Rs.500/-
Being aggrieved, the appellant filed an appeal before the High Court. The High Court vide impugned judgment dated 13.08.2018 in MA No.134/2016 partly allowed the appeal and enhanced the compensation by Rs.4,00,000/- in lumpsum without interest. Hence the appeal.
Having heard learned counsel for the parties, in our opinion, as the appellant has lost his left hand from the shoulder level and his femur had to be replaced and he suffered disability to the extent of 90%, in the facts and circumstances of the case, we enhance the compensation by Rs.5 lakhs (Rupees Five Lakhs Only) over and above to what has been granted by the High Court. The enhanced compensation shall carry the interest @ 9% per annum from the date of filing of the petition till the date of realisation. 3 The appeal is allowed to the aforesaid extent.
…….…………………………..J. [ARUN MISHRA] …….…………………………..J. [UDAY UMESH LALIT] NEW DELHI;
MAY 01, 2019.
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ITEM NO.6 COURT NO.4 SECTION IV-A
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 (C) No.5720/2019 (Arising out of impugned final judgment and order dated 13-08-2018 in MA No.134/2016 passed by the High Court of M.P. at Gwalior) DARA SINGH @ DHARA BANJARA Appellant(s) VERSUS SHYAM SINGH VARMA & ORS. Respondent(s) Date : 01-05-2019 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Appellant(s) Mr. Devmani Bansal, Adv.
Ms. Sweta Bothra, Adv.
Mr. Vikas Kumar, AOR For Respondent(s) Shantha Devi Raman, Adv.
Mr. Garvesh Kabra, AOR 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, if any, stands disposed of.
(ASHA SUNDRIYAL) (JAGDISH CHANDER)
COURT MASTER BRANCH OFFICER
[signed order is placed on the file]