Shankrewwa vs. National Insurance Co. Ltd.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9102 OF 2015 (Arising out of SLP(C) No 13173 of 2015)

SHANKREWWA & ORS. .. APPELLANT(S) VERSUS

NATIONAL INSURANCE COMPANY LTD. .. RESPONDENT(S) AND ORS.

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 Dharwad Bench in MFA No. 23826 of 2011.

3. The appellants/claimants are the mother, daughter and wife of deceased Hanumant Sulikeri who succumbed to the injuries sustained by him in an accident. On the claim petition filed by the appellants/claimants, the Motor Accident Claims

Tribunal, Bilagi (for short, "the Tribunal") had

awarded a compensation of Rs. 55,000/- with interest Signature Not Verified

Digitally signed by Charanjeet Kaur Date: 2015.10.31 14:30:40 IST Reason: at the rate of 6 per cent per annum from the date of 2

filing of the claim petition.

4. Being aggrieved by the award so passed by the Tribunal, the appellants/claimants preferred appeal before the High Court. The High Court by the impugned judgment and order enhanced the compensation by Rs.7,02,288/- over and above the compensation awarded by the Tribunal. Aggrieved by the order so passed by the High Court the appellants/claimants are 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 opinion that the compensation awarded by the High Court be further enhanced by another sum of Rs.3,50,000/-.

7. Accordingly, while allowing this appeal we 3

modify the judgment and order passed by the High Court. The appellants/claimants are now entitled for an enhanced amount of Rs.3,50,000/- over and above the compensation 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 High Court.

8. The Civil Appeal is disposed of accordingly.

.....................CJI. [ H.L. DATTU ]

......................J. [ ARUN MISHRA ]

NEW DELHI;
OCTOBER 29, 2015.<br>ITEM NO.27	COURT NO.1		SECTION IVA
		S U P R E M E C O U R T O F<br>RECORD OF PROCEEDINGS		I N D I A
	Petition(s) for Special Leave to Appeal (C)			No(s).	13173/2015
	(Arising out of impugned final judgment and order dated<br>24/03/2014 in MFA No. 23826/2011 passed by the High Court Of<br>Karnataka Circuit Bench At Dharwad)

SHANKREWWA & ORS. Petitioner(s)

VERSUS

NATIONAL INSURANCE CO. LTD. & ORS. Respondent(s) (With appln. (s) for dispensing with the service of Res.Nos. 2 to 5) Date :29/10/2015 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. H. Chandra Sekhar,Adv. For Respondent(s) Mr. M.K. Dua,Adv. Mr. Kishore Rawat, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of the signed order. As a sequel to above order, application for dispensing with service of notice on respondents Nos. 2 to 5 is disposed of. [ Charanjeet Kaur ] [ Vinod Kulvi ] A.R.-cum-P.S. Asstt. Registrar

[ Signed order is placed on the file ]