Anant vs. Shafi

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3791 OF 2014 (Arising out of S.L.P.(C)No.14937 of 2013)

²

|ANANT | .. APPELLANT(S) |

Versus

|SHAFI AND ANR. | .. RESPONDENT(S) |

O R D E R

1. Leave granted.

2. This appeal is directed against the judgment and order passed by the High Court of Karnataka, Circuit Bench at Dharwad in MFA No.24056 of 2009 (MV), dated 06.02.2012.

3. The appellant/claimant has met with an accident and sustained grievous injuries. On the claim petition filed by the appellant/claimant, the Motor Accidents Claims Tribunal, Chikodi (for short, 'the Tribunal') had awarded a compensation of Rs.4,16,600/- along with interest at the rate of 6 percent per annum.

4. Being aggrieved by the award so passed by the Tribunal, the appellant/claimant preferred appeal before the High Court. The High Court, by its impugned judgment and order, has enhanced the compensation awarded by the Tribunal to Rs.4,56,200/-. Aggrieved by the order so passed by the High Court the appellant/claimant is before us in this civil appeal.

5. Heard learned counsel for the parties to the lis.

6. After carefully going through the judgment(s) and order(s) passed by the Tribunal as well as the High Court and keeping in view the peculiar facts and circumstances of the case, we are of the considered opinion that the compensation awarded by the High Court be further enhanced by another Rs.1,50,000/-.

7. Accordingly, while allowing this appeal, we modify judgment and order passed by the High Court. The appellant/claimant is now entitled for a compensation of Rs.1,50,000/- over and above the compensation so awarded by the High Court with interest at the rate of 6 per cent on the enhanced amount from the date of order passed by the Tribunal. The compensation so enhanced by us shall be paid after deducting the amount already paid, if any.

Ordered accordingly.

..................J. [ H.L. DATTU ] [ S.A. BOBDE ] NEW DELHI, MARCH 10, 2014. ITEM NO.54 COURT NO.3 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).14937/2013 (From the judgement and order dated 06/02/2012 in MFA No.24056/2009 of the HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD) ANANT Petitioner(s) VERSUS SHAFI & ANR. Respondent(s) Date: 10/03/2014 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. H.Chandra Sekhar,Adv. Mr.A.V.Manovalan, Adv. For Respondent(s)1 Mr.Abdulrahiman Tamboli, Adv. For Mr. S. Gowthaman,Adv. Mr.Saurabh Prakash, Adv. For Mr. Mohinder Jit Singh ,Adv UPON hearing counsel the Court made the following O R D E R Leave granted. Appeal is allowed, in terms of the signed order. (G.V.Ramana) (Vinod Kulvi) Court Master Asstt.Registrar (Signed order is placed on the file)

..................J.