RAM GOPAL YADAV Vs PARAMJEET KAUR
Bench: T.S. THAKUR,J. CHELAMESWAR
Case number: C.A. No.-010811-010811 / 2013
Diary number: 7384 / 2009
Advocates: NIDHI Vs
SHALU SHARMA
Page 1
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10811 OF 2013
(Arising out of SLP(C) No.19944/2011)
RAM GOPAL YADAV Appellant(s)
:VERSUS:
PARAMJEET KAUR & ANR. Respondent(s)
O R D E R
Leave granted.
2. This appeal arises out of an order dated
25.4.2007 passed by the High Court of Judicature at
Allahabad in F.A.F.O. No.918 of 2004 whereby civil
appeal filed by the appellant for enhancement of the
amount of compensation awarded to him has been
dismissed as barred by limitation.
3. We have heard the learned counsel for the
parties at some length. In the ordinary course,
since the High Court has dismissed the appeal only
Page 2
2
on the ground of limitation, we could have condoned
the delay and remitted the matter back to the High
Court for a fresh order on merits but having regard
to the fact that the accident in question took place
as early as in the year 1999 in which the appellant
lost a leg, we do not find remand to be a good
option. We have in that view heard learned counsel
for the parties at some length, on the merits of the
claim for enhancement.
4. It is not in dispute that the appellant was
30 years of age on the date of the motor accident.
It is also not in dispute that he is an educated
person and was doing business in the sale of
fertilizers. The fact that he has lost his leg in
the accident is bound to not only affect his earning
capacity but deprive him of several amenities in
life. In the totality of all these circumstances and
without going into the details, we are of the
opinion that apart from the amount of Rs.45,000/-
awarded by the Tribunal, payment of a lump sum
amount of Rs.5,00,000/- (Five Lacs) inclusive of
interest upto the date of this order towards
compensation for the injury suffered by the
Page 3
3
appellant would meet the ends of justice.
5. We accordingly, allow this appeal, set aside
the judgment and order passed by the High Court and
enhance the amount of compensation payable to the
appellant by a sum of Rs.5 Lacs inclusive of
interest upto the date of this order. The additional
amount awarded by us shall be payable to the
appellant by the Insurance Company within a period
two months from today. In case the respondent
Insurance Company fails to do the needful within a
period of two months from today, the amount of Rs.5
Lacs shall start earning interest at the rate of 10%
per annum from the date the period of two months
expires till the date of payment. No costs.
..........................J (T.S. THAKUR)
.........................J (J. CHELAMESWAR)
New Delhi; December 3, 2013.