Nagaraja vs. Reliance General Insurance Rep. By Its Branch Manager

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4018 OF 2015 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 27360 OF 2013)

NAGARAJA ..APPELLANT(S)

VERSUS

THE RELIANCE GENERAL INSURANCE ..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 at Bangalore in M.F.A.No.7522 of 2010 (MV), dated 14.12.2012.

3. The appellant-claimant has met with an accident and sustained grievous injuries. On the claim made by the appellant-claimant, the 1st Addl. Civil Judge & Addl. M.A.C.T., Kolar (for short, "the Tribunal"), has allowed the claim of the appellant-claimant and has

awarded a compensation of Rs.3,92,550/- to the appellant

together with interest at the rate of 6% p.a. from the Signature Not Verified

date of petition till the date of realization. Digitally signed by Ramana Venkata Ganti Date: 2015.04.28 13:01:28 IST Reason:

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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 from Rs.3,92,550/- to Rs.5,15,840/-. 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 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 enhanced by another sum of Rs.5,00,000/- (Rupees Five Lakh Only).

7. Accordingly, while allowing this appeal, we modify the judgment and order passed by the High Court. The appellant-claimant is now entitled for an enhanced sum of Rs.5,00,000/- (Rupees Five Lakh Only) over and above the compensation so awarded by the High Court with 3

interest at the rate of 6 per cent from the date of order passed by the High Court.

8. We clarify that the compensation shall be paid by the respondent - The Reliance General Insurance as expeditiously as possible at any rate within a period of six weeks from today.

Ordered accordingly.

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.............CJI. (H.L. DATTU)

...............J. (ARUN MISHRA)

NEW DELHI; APRIL 24, 2015

ITEM NO.70 COURT NO.1 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 (C) No(s). 27360/2013 (Arising out of impugned final judgment and order dated 14/12/2012 in MFA No. 7522/2010 passed by the High Court Of Karnataka At Bangalore)

NAGARAJA Petitioner(s)

VERSUS

RELIANCE GENERAL INSURANCE CO. LTD. & ANR. Respondent(s)

(with office report)

Date : 24/04/2015 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) Ms. Prerna Mehta,Adv.

UPON hearing the 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)
AR-cum-PS			Asstt.Registrar
(Signed order is placed on the file)