Supreme Court - Daily Orders
Y.P.Shakuntala vs Manager, Reliance Gen.Insu.Co.Ltd. on 12 January, 2015
Bench: Ranjan Gogoi, Arun Mishra
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 309 OF 2015
(@ SPECIAL LEAVE PETITION (CIVIL) NO. 14726 OF 2014)
Y.P.SHAKUNTALA & ANR. ...APPELLANT(S)
VERSUS
MANAGER, RELIANCE GEN.INSU.CO.LTD. & ANR....RESPONDENT(S)
O R D E R
1. Heard learned counsel for the parties and perused the relevant material.
2. Leave granted.
3. The claimant is aggrieved by the award passed by the High Court enhancing the compensation payable in respect of death of Shri Madhan Kumar H.J., the son of the first claimant, who died in a road accident on 27.09.2011 at the age of 21 years. The Tribunal had awarded a sum of Rs. 3,95,000/- as compensation payable to the claimants along with interest at the rate of 6% Signature Not Verified Digitally signed by Madhu Bala Date: 2015.01.15 14:08:05 IST Reason: 2 p.a. which was enhanced by the High Court to Rs. 6,62,000/-. The interest payable was also enhanced to 10% p.a. by the High Court.
4. Insofar as the deduction to the extent of 50% and the multiplier(15) is concerned, we do not find any infirmity inasmuch as the deceased was a bachelor and the age of the mother was taken into consideration for determination of the multiplier. However, insofar as the income of the deceased is concerned, though Exhibit P.9– salary certificate had indicated that the deceased was drawing a salary of Rs.11,000/- per month, the Tribunal confirmed the same at Rs.6,800/- per month. Though learned counsel for the respondents contend that the Tribunal/High Court was fully justified in doing so, we are of the view that in the facts of the present case, the salary of the deceased ought to have been taken at Rs.11,000/- per month. On the basis of the multiplier, as determined by the Courts below, we find that the 3 claim of the compensation comes to Rs. 9,90,000/-. (Rupees Nine lakhs ninety thousands only). We, accordingly, allow this appeal by enhancing the compensation to the said amount i.e. 9,90,000/- the enhanced amount will also carry interest at the rate of 10% from the date of filing of the claim. The amount due along with interest will be paid within a period of three months from today.
5. The appeal is allowed in the above terms.
...................J.
[RANJAN GOGOI]
NEW DELHI .....................J.
12TH JANUARY, 2015 [ARUN MISHRA]
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ITEM NO.5 COURT NO.9 SECTION IVA
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). 14726/2014
(Arising out of impugned final judgment and order dated 09/01/2014 in MFA No. 8892/2013 passed by the High Court Of Karnataka Circuit Bench At Dharwad) Y.P.SHAKUNTALA & ANR. Petitioner(s) VERSUS MANAGER, RELIANCE GEN.INSU.CO.LTD. & ANR. Respondent(s) Date : 12/01/2015 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. D. L. Chidananda,Adv. For Respondent(s) Mr. Rajeev Maheshwaranand Roy,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.
(MADHU BALA) (ASHA SONI)
COURT MASTER COURT MASTER
(Signed order is placed on the file)