N. Shravan Kumar, S/O Rama Kistaiah vs. The Apsrtc, Rep. By Its Managing Director, Musheerabad, Rtc X Roads, Hyderabad
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20 Jul 2015
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 13366 OF 2015 (Arising out of S.L.P.(C)No.21288 of 2015)
N.SHRAVAN KUMAR, S/O.RAMA KISTAIAH ..APPELLANT(S) VERSUS THE A.P.S.R.T.C., REP.BY ITS MANAGING DIRECTOR, MUSHEERABAD, RTC X ROADS, HYDERABAD 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 Judicature at Hyderabad for the States of Telangana and Andhra Pradesh in M.A.C.M.A.No.59 of 2014, dated 23.06.2014, whereby an whereunder the High Court has enhanced the amount of compensation awarded by the Tribunal from Rs.38,62,182/ to Rs.42,12,182/- with interest @7% p.a.. 3. The appellant/claimant has met with an acciden and sustained serious injuries to his body making him 100% functionally disabled. On the claim made by the Signature Not Verified appellant/claimant, the Motor Accident Claim Digitally signed by Ramana Venkata Ganti Date: 2015.11.06 16:11:22 IST Reason: Tribunal-cum-the Court of the XIX Additional Chie Judge-cum-v Addl.Metropolitan Sessions Judge, Hyderabad, 2 (for short 'the Tribunal'), had awarded a
compensation of Rs.38,62,182/- with interest @ 9%
d
t
s
f
p.a. from the date of petition.
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Being aggrieved by the compensation so awarded by the Tribunal, the respondent(s) herein has preferred appeals before the High Court. The High Court has enhanced the amount of compensation awarded by the Tribunal from Rs.38,62,182/- to Rs.42,12,182/- with interest @7% p.a.. Aggrieved by the judgment and order passed by the High Court, the appellant/claimant is before us in this appeal.
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We have heard learned counsel for the parties to the lis.
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After looking into the records and going through the judgments and orders 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.5,00,000/- with interest at the rate of 6 per cent on the enhanced amount from the date of the order passed by the High Court. 3
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Accordingly, while allowing this appeal, we modify the judgments and orders passed by the High Court as well as the Tribunal. The appellant/claimant is now entitled for another sum of Rs.5,00,000/- 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 the order passed by the High Court without any deductions whatsoever.
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We clarify that the compensation shall be paid by the respondents as expeditiously as possible at any rate within a period of six weeks from today, without any deductions whatsoever.
Ordered accordingly.
............CJI. (H.L. DATTU)
..............J. (ARUN MISHRA) NEW DELHI, NOVEMBER 04, 2015. 4 ITEM NO.18 COURT NO.1 SECTION XIIA 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). 21288/2015 (Arising out of impugned final judgment and order dated 23/06/2014 in MACMA No. 59/2014 passed by the High Court Of Judicature At Hyderabad For The State Of Telangana And The State Of Andhra Pradesh) N. SHRAVAN KUMAR, S/O RAMA KISTAIAH Petitioner(s) VERSUS THE APSRTC, REP. BY ITS MANAGING DIRECTOR, MUSHEERABAD, RTC X ROADS, HYDERABAD & ANR. Respondent(s) (office report) Date : 04/11/2015 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Arvind S. Avhad,Adv. For Respondent(s) Mr.Sri Harsha Peechara, Adv. Mr. Arjun Krishnan,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. Pending application(s), if any, is/are disposed of. (G.V.Ramana) (Vinod Kulvi) AR-cum-PS Asstt.Registrar
(Signed order is placed on the file)