NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL    NO(S). 1872/2018 (ARISING FROM SLP (C) NO.2858/2018)

THE ORIENTAL INSURANCE CO. LTD.                    APPELLANT(S)

                               VERSUS

USHA BHAGCHANDANI & ORS.                           RESPONDENT(S)

WITH C.A. NO.1873/2018 @ SLP(C) NO. 2671/2018

J U D G M E N T KURIAN, J.

Issue notice. 2. Ms. Vandana Sehgal, learned counsel, appears and accepts notice for the caveator/Respondent No.1, in both the petitions. 3. Heard learned counsel for the parties. 4. Leave granted. 5. Learned  counsel  appearing  for  the appellant/Insurance  Company  has  made  three

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submissions:  (i)  It  is  a  case  of  contributory negligence.   However  despite  taking  such  a contention,  no  steps  have  been  taken  by  the respondent(s) to implead the parties related to the vehicle which was parked on the road. (ii) There is no  justification  in  granting  additional  30%,  after permitting  50%  enhancement.  (iii)  The  interest  and dependent charges etc. are on higher side.  6. As far as issue no.(i) is concerned, it was for the appellant to take steps before the Tribunal to ensure  that  the  driver,  owner  and  the  Insurance Company of the vehicle concerned are brought on the party array.  Since that stage in any case is over, it is for the appellant to work out its remedies, if any, available under law in appropriate proceedings. As  far  as  additional  30%  is  concerned,  in  the peculiar  facts  of  this  case  and  in  the  nature  of permanent disability to Respondent No.1, we are not inclined to interfere with the addition. 7. However, as far as rate of interest is concerned, we are of the view that the same needs interference, having  regard to  the peculiar  facts of  this case. The interest is fixed at 8%. 8. With the above observations and directions, the appeals are disposed of.

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9. Pending  applications,  if  any,  shall  stand disposed of. 10. There shall be no orders as to costs.

..........................J.               [KURIAN JOSEPH]  

..........................J.               [MOHAN M. SHANTANAGOUDAR]  NEW DELHI; FEBRUARY 13, 2018.

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