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Supreme Court - Daily Orders

National Insurance Co. Ltd. vs Salma Farheen on 28 March, 2018

Author: Chief Justice

Bench: Chief Justice, A.M. Khanwilkar

                                     IN THE SUPREME COURT OF INDIA
                                      CIVIL APPELLATE JURISDICTION

                                     CIVIL APPEAL No.6638 OF 2015


     NATIONAL INSURANCE CO. LTD.                                            ......APPELLANT

                                                    VERSUS

     SALMA FARHEEN & ORS.                                                   ......RESPONDENT


                                                 O R D E R

Heard Ms.Meenakshi Midha, learned counsel for the appellant and Mr.Anand Varma and Mr.Ajay Kumar Bhatia, learned counsel appearing on behalf of respondent Nos.1 and 3 respectively.

Learned counsel for the appellant submits that the High Court should not have enhanced the compensation at the instance of the appeal preferred by the Insurer. Keeping in view the facts and circumstances of this case, we are not inclined to interfere with the impugned order passed by the High Court. However, the question of law is kept open.

As we are keeping the question of law open, the Insurer shall deposit the principal amount, as directed by the High Court, within twelve weeks hence without the interest.

The appeal is disposed of accordingly. There shall be no order as to costs.

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

(DIPAK MISRA) Signature Not Verified Digitally signed by CHETAN KUMAR Date: 2018.04.04 ….........................J. (A.M.KHANWILKAR) 17:53:05 TLT Reason:

NEW DELHI;
MARCH 28, 2018.
ITEM NO.31               COURT NO.1                 SECTION XIV

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

Civil Appeal No(s).6638/2015 NATIONAL INSURANCE CO. LTD. Appellant(s) VERSUS SALMA FARHEEN & ORS. Respondent(s) Date : 28-03-2018 This appeal was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR For Appellant(s) Ms.Meenakshi Midha, Adv.
Mr.Kapil Midha, Adv.
Mr.Akhil Abraham Roy, Adv. Mr. Chander Shekhar Ashri, AOR For Respondent(s) Mr. Anand Varma, AOR Mr.Mohd.Elahi, Adv.
Ms.Shubhanghi Jain, Adv.
Mr.Ajai Kumar Bhatia, Adv. Mr.Jatinder Kumar Bhatia, AOR Mr.Vijay S.Bishnoi, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order.
There shall be no order as to costs.
(Chetan Kumar ) (H.S.Parasher) Court Master Assistant Registrar (Signed order is placed on the file)