Supreme Court - Daily Orders
Surekha W/O Rajendra Nakhate vs Santosh S/O Namdeo Jadhav on 21 January, 2020
Bench: A.M. Khanwilkar, Hemant Gupta, Dinesh Maheshwari
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 476 OF 2020
(Arising out of SLP(C)No. 8439 of 2019)
SUREKHA W/O RAJENDRA NAKHATE & ORS. Appellant(s)
VERSUS
SANTOSH S/O NAMDEO JADHAV & ORS. Respondent(s)
O R D E R
Leave granted.
This appeal takes exception to the judgment and order dated 04.01.2019 passed by the High Court of judicature at Bombay, Bench at Aurangabad in First Appeal No. 2564 of 2016, whereby the High Court, even though agreed with the stand of the appellants that just compensation amount ought to be Rs.49,85,376/- (Forty-Nine Lakh Eighty-Five Thousand Three Hundred Seventy-Six Only), however, declined to grant enhancement merely on the ground that the appellants had failed to file cross-appeal.
By now, it is well-settled that in the matter of insurance claim compensation in reference to the motor Signature Not Verified accident, Digitally signed by DEEPAK SINGH the court should not take hyper technical Date: 2020.01.23 16:51:14 IST Reason:
approach and ensure that just compensation is awarded to the affected person or the claimants. 2 As a result, we modify the order passed by the High Court to the effect that the compensation amount payable to the appellants is determined at Rs.49,85,376/- (Forty- Nine Lakh Eighty-Five Thousand Three Hundred Seventy-Six Only), with interest thereon as awarded by the High Court.
The appeal is allowed in the above terms. Pending applications, if any, stand disposed of.
…...................J (A.M. KHANWILKAR) …...................J (HEMANT GUPTA) …...................J (DINESH MAHESHWARI) New Delhi January 21, 2020 3 ITEM NO.9 COURT NO.7 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SLP(C) No. 8439 of 2019 SUREKHA W/O RAJENDRA NAKHATE & ORS. Petitioner (s) VERSUS SANTOSH S/O NAMDEO JADHAV & ORS. Respondent(s) Date : 21-01-2020 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE DINESH MAHESHWARI For Appellant(s) Mr. Uday B. Dube, AOR For Respondent(s) Ms. Meenakshi Midha, Adv.
Mr. Kpail Midha, Adv.
Ms. Pritika Juneja, Adv.
Mr. C.S. Ashri, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order. Pending applications, if any, stand disposed of. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on the file]