Supreme Court - Daily Orders
S. Nallasivan (Dead) By Lrs. vs United India Insurance Co.Ltd. . on 30 September, 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(S).816-817 OF 2011
S. NALLASIVAN (DEAD) BY LRS. ..APPELLANT(S)
VERSUS
UNITED INDIA INSURANCE
CO.LTD. & ORS. ..RESPONDENT(S)
O R D E R
1. Shri A.K. De, learned counsel, who is present in Court is directed to accept notice on behalf of the Insurance Company in these matters.
2. These appeals are directed against the judgment and order passed by the High Court of Judicature at Madras in Civil Miscellaneous Appeal Nos.396 of 2010 and 2468 of 2009 dated 08.09.2010.
3. The appellant/claimant (since deceased) met with an accident and sustained grievous injuries. On the claim made by the appellant/claimant, the Motor Signature Not Verified Digitally signed by NEETU KHAJURIA Date: 2015.10.10 Accidents Claim Tribunal, Erode (for short, “the 15:24:04 IST Reason: Tribunal”) had awarded a compensation of 2 Rs.38,93,000/- along with interest at the rate of 7.5 per annum.
4. Being aggrieved by the compensation so awarded by the Tribunal, the appellant/claimant preferred an appeal before the High Court for enhancement of compensation. The insurance company has also filed its cross appeal before the High Court for modification of the award passed by the Tribunal. The High Court, by its impugned judgment and order has partly allowed the appeal filed by the insurance company and reduced the compensation amount from Rs.38,93,000/- to Rs.34,16,000/- and dismissed the appeal filed by the appellant/claimant.
5. Aggrieved by the judgment and order passed by the High Court the appellant/claimant is before us in these appeals.
6. Heard learned counsel for the parties to the lis.
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7. After carefully going through the impugned judgment and order passed by the High Court and the Trial Court as well as the other material available on record, we are of the opinion that the High Court was not justified in reducing the compensation.
8. In the result, we allow these appeals, set aside the judgment and order passed by the High Court and restore the order passed by the Tribunal.
9. Insurance Company is directed to settle the professional fees of Mr. A.K. De, learned counsel, at the earliest.
10. The Civil Appeals are disposed of, accordingly.
.............CJI.
(H.L. DATTU) ...............J. (ARUN MISHRA) NEW DELHI, SEPTEMBER 30, 2015.
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ITEM NO.34 COURT NO.1 SECTION XII
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). 816-817/2011
S. NALLASIVAN (DEAD) BY LRS. Appellant(s)
VERSUS
UNITED INDIA INSURANCE CO.LTD. & ORS. Respondent(s)
(With office report)
Date : 30/09/2015 These appeals were called
on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE ARUN MISHRA For Appellant(s) Mr. R.K. Iyer, Adv.
Mr. Gautam Narayan, Adv.
For Respondent(s) Mr. A.K. De, Adv.
Mr. Rajesh P. Dwivedi, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeals are disposed of in terms of the signed order.
In view of the above, pending application(s), if any, stand disposed of. (Neetu Khajuria) (Vinod Kulvi) Sr.P.A. Assistant Registrar (Signed order is placed on the file.)