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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA                     CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.9199 OF 2015           (Arising out of SLP(C)No.27121 of 2015)

  PREM AND ORS.                       ... APPELLANT(S)                  VS.

  NATIONAL INSURANCE COMPANY LTD. & ORS.     ... RESPONDENT(S)

     J U D G M E N T

ANIL R. DAVE, J.

1. Leave granted.

2. On 7th September, 2015, when this petition has been  

notified for hearing, the following order was passed :

“Delay condoned. Issue  notice  to  Respondent  No.1  –  

Insurance  Company  only,  through  Speed  Post,  returnable on 02.11.2015.

Looking at the facts of the case, we are  of the view that the compensation awarded to  the  petitioners  is  on  lower  side.   In  our  opinion,  appropriate  compensation  should  have  been Rs.6 Lakhs.

If Respondent No.1 feels that Rs. 6 Lakhs  is the just compensation, it need not appear on  the next date of hearing so as to save the cost  of  litigation  and  we  will  presume  that  the  respondent has no objection to the increased  amount of compensation and in that event, this  Court will increase the compensation to Rs.6  Lakhs.

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However,  if  Respondent  No.1  has  any  objection to the above, it would be open to it  to appear on the next date of hearing.”

3. Though served, nobody has appeared for Respondent  No.1.  In the circumstances, we presume that Respondent  No.1 has no objection if the amount of compensation is  increased to Rs.6 lakhs (Rupees Six Lakhs only). 4. In the circumstances, we increase the compensation  payable to the petitioners to Rs.6 lakhs  with interest  thereupon, as awarded by the Motor Accident Compensation  Tribunal. 5. The appeal is allowed with no order as to costs. 6. Pending application, if any, stands disposed of.

       ..............J.

[ANIL R. DAVE]

..............J. [ADARSH KUMAR GOEL]

New Delhi; 2nd November, 2015.

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