Supreme Court - Daily Orders
Bijaya Bhuyan vs The National Insurance Company Ltd. on 18 May, 2023
Bench: A.S. Bopanna, Hima Kohli
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. 3847 of 2023
(arising out of SLP(C) No. 28136/2019
SMT. BIJAYA BHUYAN Appellant(s)
VERSUS
THE NATIONAL INSURANCE COMPANY LTD. & ORS. Respondent(s)
O R D E R
1. Leave granted.
2. Heard the learned counsel for the parties and perused the appeal papers.
3. The Motor Accidents Claims Tribunal (for short ’MACT’), having taken into consideration all aspects of the matter, and having assessed the evidence available on record before it, had awarded the sum of Rs.16,19,000/- with interest, through its judgment and award dated 11.07.2014. However, the High Court, in the appeal filed by the respondent-Insurance Company, has reduced the compensation to Rs. Signature Not Verified5,00,000/- through its judgment dated 31.10.2018. Digitally signed by Nisha Khulbey
4. A perusal of the judgment passed by the High Date: 2023.05.20 12:57:55 IST Reason: Court would indicate that the High Court, in fact, 2 has arrived at such a conclusion since it was of the opinion that the petition filed before the MACT was under Section 163 A of the Motor Vehicles Act, 1988 (for short ‘MV Act’) and therefore, the compensation is to be limited to the Schedule II of the MV Act.
5. In the present facts of the case, the manner in which the claim petition has been drafted and the details have been furnished, would indicate that the petition in fact was intended under Section 166 of the MV Act but in the title it was wrongly mentioned as Section 163-A of the MV Act. Further, the evidence led before the MACT would also indicate that the evidence was tendered in the background of the petition being under Section 166 of the MV Act. Therefore, the view taken by the High Court, in the present facts and circumstances of the case is not justified and cannot be sustained.
6. Hence, the judgment dated 31.10.2018 passed by the High Court is set aside. The judgment and award dated 11.07.2014 passed by the MACT is restored. The balance of the amount payable with interest, if not deposited, shall be deposited by the respondent no.1- Insurance Company before the MACT within a period of six weeks from the date of receipt of a copy of this 3 judgment, whereupon the MACT shall disburse the same to the claimant/ appellant
7. The appeal is accordingly, disposed of along with pending application(s), if any.
...................J. (A.S. BOPANNA) ...................J. ( HIMA KOHLI) New Delhi 18th May, 2023 4 ITEM NO.4 COURT NO.9 SECTION XIV 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). 28136/2019 (Arising out of impugned final judgment and order dated 31-10-2018 in MACAP No. 201/2016 passed by the Gauhati High Court) SMT.BIJAYA BHUYAN Petitioner(s) VERSUS THE NATIONAL INSURANCE COMPANY LTD. & ORS. Respondent(s) Date : 18-05-2023 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Ms. Palak Bhagat, Adv.
Ms. Reshmi Rea Sinha, AOR For Respondent(s) Mr. Amit Kumar Singh, AOR Mrs. K Enatoli Sema, Adv.
Ms. Chubalemla Chang, Adv. Mr. Prang Newmai, Adv.
Mr. Rameshwar Prasad Goyal, AOR Mr. Anshum Jain, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of along with the pending application(s), if any, in terms of the signed order.
(NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR (signed order is placed on the file)