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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2982 OF 2017

[@ SPECIAL LEAVE PETITION (C) No. 32470 OF 2015 ] SUJA GEORGE AND ORS.                         Appellant(s)

                               VERSUS NATIONAL INSURANCE CO. LTD. AND ANR.         Respondent(s)

J U D G M E N T

KURIAN, J. 1. Leave granted.

2. The appellants are aggrieved since they are not getting adequate compensation in respect of a claim arising out of a motor accident, in which the first appellant's husband expired.

3. When  the  matter  came  up  before  this  Court  on 09.02.2017, this Court passed the following order :-

“Having  regard  to  Annexure  P6 document and having regard to the other  contentions  regarding  the Income Tax Returns of the deceased, prima facie we are of the view that the  petitioners  are  entitled  for some  enhancement,  in  any  case. What is taken into consideration by

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the Tribunal and the High Court is the  monthly  income  as  Rs.27,219/- whereas  going  by  Annexure  P6 document, which was admitted by the High  Court,  the  monthly  income prior to the death of the deceased was Rs.33,037/- and in the Income Tax Return filed the income is for Rs.37,477/-.   Be  that  as  it  may,  since  the parties have had already two rounds of  litigation,  we  suggested, whether  the  petitioners  will  be agreeable  to  have  a  lump  sum additional  compensation. Suggestion  was  for  an  amount  of Rs.10,00,000/-  (Rupees  Ten  Lacs) without interest.  Learned counsel for  the  respondents  to  get instruction  regarding  the same......”

4. Today, we are informed that the Insurance Company is willing to give Rs. 9,00,000/- (Rupees Nine Lakhs) in  full  and  final  settlement  of  the  claim  of  the appellants, in the peculiar facts of this case and that the payment can be made within eight weeks.

5. The learned counsel for the appellants submits that in view of the offer thus made by the Insurance Company, the appeal can be disposed of.

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6. Thus, the appeal is disposed of, directing the first respondent – Insurance Company to pay an amount of  Rs. 9,00,000/-  (Rupees Nine  Lakhs) in  full and final  settlement  of  the  entire  claims  of  the appellants within a period of eight weeks from today.

7. It is reported that Appellant No. 4 (father) is no more.  Hence, the above amount shall be paid by the Insurance Company to Appellant Nos. 1 to 3.     8. Needless to say that this offer is in addition to the entire benefits due to the appellants in respect of the Judgment under appeal.       

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

.......................J.               [ A. M. KHANWILKAR ]  

New Delhi; February 17, 2017.