K.Vijayalaxmi vs. Union Of India

HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

MAIN CASE No: C.M.A.No. 43 of 2022

PROCEEDING SHEET

the instant case, the date of incident is on 24.06.2013. As such, the compensation should be as per the prescribed compensation as on the date of accident i.e Rs. 4,00,000/- along with reasonable rate of interest as per decision of the Hon'ble Apex Court in Union of India v. Rina Devi (2019) 3 SCC 572. Therefore, the appellants/ claimants are entitled to compensation of Rs. 7,77,663/- (taking base amount of compensation of Rs. 4,00,000/- with interest at 9% p.a), which the appellant/ claimant is entitled to. However, the claimant is entitled to compensation of Rs. 8,00,000/- as per enhanced amount without any interest thereupon.

4. Perused the Judgment.

5. Learned counsel for the Review Petitioner placed on record the common order passed in I.A.No.1 of 2022 and I.A.No.2 of 2023 in C.M.A.No.1074 of 2018, wherein this Court at Para 8 held as follows:

" However, in a subsequent Judgment referred above, the Hon'ble Apex Court while considering the payment of interest and payment of enhanced compensation, was pleased to observe that:

In case of death in an accident which occurred before amendment, the basic figure would be Rs. 4,00,000/-. If after applying reasonable rate of interest, the final figure were to be less than Rs. 8,00,000/-, which was brought in by way of amendment, the claim would be entitled to Rs. 8,00,000/-. If however, the amount of original compensation with rate of interest were to exceed the sum of Rs. 8,00,000/-, the compensation would be in terms of figure in excess of Rs. 8,00,000/-. The idea is to afford the benefit of the amendment to the extent possible".

6. No doubt, there is an error crept with regard to amount awarded by this Court and also interest part in the Judgment inadvertently. Therefore, the claimant/ petitioner is entitled to compensation of Rs. 8,00,000/- without any interest thereupon.

7. Considering the submissions of learned counsel for the Review Petitioner, the operative portion of the order passed by this Court dated 21.12.2023 in C.M.A.No.43 of 2022 is modified as under:

"20. Following the decisions cited supra, this Court is inclined to allow the Civil Miscellaneous Appeal, while setting aside the impugned judgment passed by the learned Tribunal dated 16.08.2021 passed in OA/II/U/233 of 2013. The petitioners are permitted to claim compensation of Rs. 8,00,000/- (Rupees eight lakhs Only) from the respondent in equal shares without furnishing any security.

21.With the above direction, the Civil Miscellaneous Appeal is allowed. The respondent is directed to deposit an amount of Rs. 8,00,000/- (Rupees eight lakhs Only), within two (02) months from the date of receipt of a copy of this order. On such deposit, the appellants are permitted to withdraw the deposited amount, as per their shares in terms of the award, without furnishing any security. There shall be no order as to costs".

9. Registry is directed to make necessary corrections in the said order and issue revised/

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