AKASH TR.FATHER & LEGAL GUARDIAN Vs NATIONAL INSURANCE CO. LTD.
Bench: H.L. DATTU,M.Y. EQBAL
Case number: C.A. No.-007324-007324 / 2013
Diary number: 36827 / 2010
Advocates: SAURABH TRIVEDI Vs
MANJEET CHAWLA
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7324 OF 2013 (@ SPECIAL LEAVE PETITION(C)NO.29736 OF 2011)
AKASH TR.FATHER & LEGAL GUARDIAN ... APPELLANT
VERSUS
NATIONAL INSURANCE CO.LTD. ... RESPONDENT
O R D E R
1. Leave granted.
2. This appeal is directed against the judgment and order
passed by the High Court of Madhya Pradesh in Miscellaneous Appeal
No.2942/2008, dated 17.05.2010. By the impugned judgment and order,
the High Court has enhanced the compensation awarded by the Motor
Accident Claims Tribunal (for short 'the Tribunal') from
Rs.4,07,000/- to Rs.4,77,000/-.
3. The claimants had approached the High Court for grant of
compensation since the minor child had lost his both legs in a motor
vehicle accident. The Tribunal, after considering the evidence on
record, has come to the conclusion that the only compensation that
would be payable to the child is a sum of Rs.4,07,000/- with
interest.
4. Aggrieved by the award so passed by the Tribunal, the
appellant(s) had approached the High Court. The High Court, after
considering the entire evidence on record once over again, has
thought it fit to increase the claim of the appellant(s) from
Rs.4,07,000/- to Rs.4,77,000/-. Aggrieved by the meager
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compensation so awarded by the High Court, the appellant(s) is/are
before us in this appeal.
5. We have carefully perused the judgment and order passed by
the Tribunal and the High Court. In our opinion, in the peculiar
facts and circumstances of the case, the compensation so awarded by
the High Court requires to be modified and further requires to be
enhanced from Rs.4,77,000/- with interest to Rs.8 lacs with
interest.
6. Accordingly, we allow this appeal, modify the judgment and
order passed by the High Court by enhancing the compensation from
Rs.4,77,000/- to Rs.8 lacs with interest @ 6% p.a. from the date of
the judgment and order passed by the High Court.
7. The order passed by us shall not be treated as a precedent
in any other case.
Ordered accordingly.
...................J. (H.L. DATTU)
...................J. (M.Y. EQBAL)
NEW DELHI; AUGUST 30, 2013