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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

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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

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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.