IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10849 OF 2017 (Arising out of SLP(C) No.33696/2016)

KABITA GOSWAMI & ORS. APPELLANT(S)

VERSUS

THE ICICI LOMBARD GENERAL INSURANCE CO.LTD. & ANR. RESPONDENT(S)

O R D E R

1. Leave granted.

2. The appeal is directed against the final judgment and order passed by the High Court of Orissa at Cuttack in M.A.C.A. No. 751 of 2014, dated 21.08.2015 whereby the application for enhancement of the compensation amount filed by the claimants was disposed of.

3. After hearing learned counsel for the appellants and going through the record, we find that the High Court has not given any reasons for declining the prayer for enhancement of the compensation amount. the High Court ought to have given reasons for declining the relief.

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4. We, therefore, set aside the impugned judgment and order and remand the matter back to the High Court for fresh decision in accordance with law.

5. The appeal is allowed accordingly.

..................J. [ S.A. BOBDE ]

...................J. [ L. NAGESWARA RAO ]

NEW DELHI, AUGUST 24, 2017.

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). 33696/2016

(Arising out of impugned final judgment and order dated 21-08-2015 in MACA No. 751/2014 passed by the High Court Of Orissa At Cuttack)

KABITA GOSWAMI & ORS. Petitioner(s)

VERSUS

ICICI LOMBARD GENERAL INSURANCE CO. LTD. & ANR. Respondent(s)

Date :24-08-2017 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO

• For Petitioner(s) Mr. Sunil Mund, Adv. Ms.Kiran Kumar Patra, AOR
• For Respondent(s) Mr. Rajeev Maheshwaranand Roy, AOR Mr. P Srinivasan, 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.

[ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ] A.R.-cum-P.S. Branch Officer

[ Signed order is placed on the file ]