IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8720 OF 2015 (Arising out of SLP(C) NO 11261 OF 2015) MUNIYAMMAL AND OTHERS .. APPELLANT(S) Versus B. SURESH AND ANOTHER .. 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 Madras in CMA No. 885 of 2014, dated 10.12.2014. 3. The appellants/claimants are the wife and children of the deceased K. Velayudham who died in an accident due to head injuries. On the claim petition filed by the appellants/claimants, the Motor Accident Claims Tribunal, Chennai (for short, “the Tribunal”) had awarded a compensation of Rs.6,58,900/- along with interest at the rate of 7.5 percent per annum from the date of filing of the petition. 4. Being aggrieved by the award so passed by the 1
Tribunal, the appellants/claimants preferred appeal before the High Court. The High Court by the impugned judgment and order enhanced the compensation from Rs. 6,58,900/- to Rs. 12,06,000/-. 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.6,00,000/-. 7. Accordingly, while allowing this appeal we modify the judgment and order passed by the High Court. The appellants/claimants are now entitled for an enhanced amount of Rs.6,00,000/- over and above the compensation awarded by the High Court with 2
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 15, 2015. 3
ITEM NO.88 COURT NO.1 SECTION XII 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). 11261/2015 (Arising out of impugned final judgment and order dated 10/12/2014 in CMA No. 885/2014 passed by the High Court of Madras) MUNIYAMMAL AND OTHERS Petitioner(s) VERSUS B. SURESH AND ANOTHER Respondent(s) Date :15/10/2015 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Vipin Nair, Adv. for M/s. Temple Law Firm, Adv. For Respondent(s) Ms. Neerja Sachdeva, Adv. UPON hearing the counsel the Court made the following O R D E R Ms. Neerja Sachdeva, learned counsel is directed to take notice on behalf of the insurance company. The professional fee of Ms. Neerja Sachdeva, learned counsel be paid by the insurance company within two months. Leave granted. The appeal is allowed in terms of the signed order. [ Charanjeet Kaur ] [ Vinod Kulvi ] A.R.-cum-P.S. Asstt. Registrar [ Signed order is placed on the file ]
LISTED ON 15.10.2015 COURT NO. 01 ITEM NO. SECTION XII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 11261 OF 2015 Muniyammal & Ors. ...Petitioners -Versus- B. Suresh & Anr. ...Respondents OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 17 th April, 2015, when the Court was pleased to pass the following order:- “Notice.” Thereafter, the matter above mentioned was listed before the Registrar's Court on 17 th August, 2015, when the following Order was passed:- “Await the return of the service of notice already issued to the respondent No.1. Service of notice is complete on the respondent No.2, but no one has entered appearance on his behalf. List the matter again on 03.11.2015. ” It is submitted that there are two respondents. A.D. Card duly signed has been received from Respondent No. 2 but no one has entered appearance so far. In respect of Respondent No. 1, neither A. D. card nor unserved cover containing notice has been received. Service of notice is not complete on Respondent No. 1. ...2/-
-2- The matter above mentioned is listed before the Hon'ble Court with this office report. Dated this the 14 th day of October, 2015. DEPUTY REGISTRAR Copy to : M/s Temple Law Firm, Advocates DEPUTY REGISTRAR vk
¬# 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8720 OF 2015 (Arising out of SLP(C) NO 11261 OF 2015) MUNIYAMMAL AND OTHERS .. APPELLANT(S) Versus B. SURESH AND ANOTHER .. 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 Madras in CMA No. 885 of 2014, dated 10.12.2014. 3. The appellants/claimants are the wife and children of the deceased K. Velayudham who died in an accident due to head injuries. On the claim petition filed by the appellants/claimants, the Motor Accident Claims Tribunal, Chennai (for short, "the Tribunal") had awarded a compensation of Rs.6,58,900/- along with interest at the rate of 7.5 percent per annum from the date of filing of the petition.Signature Not VerifiedDigitally signed byCharanjeet KaurDate: 2015.10.1716:40:19 ISTReason: 4. Being aggrieved by the award so passed by the 2Tribunal, the appellants/claimants preferred appealbefore the High Court. The High Court by the impugnedjudgment and order enhanced the compensation from Rs.6,58,900/- to Rs. 12,06,000/-. Aggrieved by the orderso passed by the High Court the appellants/claimantsare before us in this civil appeal.5. Heard learned counsel for the parties to thelis.
6. After carefully going through the judgment(s)and order(s) passed by the Tribunal as well as theHigh Court and keeping in view the peculiar facts andcircumstances of the case, we are of the opinionthat the compensation awarded by the High Court befurther enhanced by another sum of Rs.6,00,000/-.7. Accordingly, while allowing this appeal wemodify the judgment and order passed by the HighCourt. The appellants/claimants are now entitled foran enhanced amount of Rs.6,00,000/- over and abovethe compensation awarded by the High Court with 3interest at the rate of 6 per cent on the enhancedamount from the date of order passed by the HighCourt.8. The Civil Appeal is disposed of accordingly. .....................CJI. [ H.L. DATTU ] ......................J. [ ARUN MISHRA ]NEW DELHI;OCTOBER 15, 2015.ITEM NO.88 COURT NO.1 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 11261/2015(Arising out of impugned final judgment and order dated10/12/2014 in CMA No. 885/2014 passed by the High Court ofMadras)MUNIYAMMAL AND OTHERS Petitioner(s) VERSUSB. SURESH AND ANOTHER Respondent(s)Date :15/10/2015 This petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRAFor Petitioner(s) Mr. Vipin Nair, Adv.
for M/s. Temple Law Firm, Adv.For Respondent(s) Ms. Neerja Sachdeva, Adv. UPON hearing the counsel the Court made the following O R D E R Ms. Neerja Sachdeva, learned counsel is directed to take notice on behalf of the insurance company. The professional fee of Ms. Neerja Sachdeva, learned counsel be paid by the insurance company within two months. Leave granted. The appeal is allowed in terms of the signed order. [ Charanjeet Kaur ] [ Vinod Kulvi ] A.R.-cum-P.S. Asstt. Registrar [ Signed order is placed on the file ]
ITEM NO.106 REGISTRAR COURT. 2 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M K HANJURA Petition(s) for Special Leave to Appeal (C) No(s). 11261/2015 MUNIYAMMAL AND OTHERS Petitioner(s) VERSUS B. SURESH AND ANOTHER Respondent(s) Date : 17/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr.Prithu Garg,Adv. M/s. Temple Law Firm,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of the service of notice already issued to the respondent No.1. Service of notice is complete on the respondent No.2, but no one has entered appearance on his behalf. List the matter again on 03.11.2015. (M K HANJURA) Registrar SB
LISTED ON: 17.8.2015 LD. REGISTRAR'S COURT NO.: 02 ITEM NO.: 106 SECTION XII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 11261 OF 2015 Muniyammal & Ors. ...Petitioners -Versus- B. Suresh & Anr. ...Respondents OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 17 th April, 2015, when the Court was pleased to pass the following order:- “Notice.” It is submitted that there are two respondents. Show cause notice has been issued to both the respondents on 25 th April, 2015. A. D. card duly signed has been received from respondnent no. 2 but no one has entered appearance so far. Neither A. D. card nor unserved cover containing notice has been received from respondent no. 1 so far. The matter above mentioned is listed before the Ld. Registrar's Court with this office report. Dated this the 13 th day of August, 2015. ASSISTANT REGISTRAR Copy to : M/s Temple Law Firm, Advocates ASSISTANT REGISTRAR vk
Þ ITEM NO.106 REGISTRAR COURT. 2 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M K HANJURA Petition(s) for Special Leave to Appeal (C) No(s). 11261/2015 MUNIYAMMAL AND OTHERS Petitioner(s) VERSUS B. SURESH AND ANOTHER Respondent(s) Date : 17/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr.Prithu Garg,Adv. M/s. Temple Law Firm,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of the service of notice already issued to the respondent No.1. Service of notice is complete on the respondent No.2, but no one has entered appearance on his behalf. List the matter again on 03.11.2015. (M K HANJURA) Registrar SBSignature Not VerifiedDigitally signed bySushma Kumari BajajDate: 2015.08.1910:57:08 TLTReason:
ITEM NO.43 COURT NO.1 SECTION XII 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).11261/2015 (Arising out of impugned final judgment and order dated 10/12/2014 in CMA No. 885/2014 passed by the High Court of Madras) MUNIYAMMAL AND OTHERS Petitioner(s) VERSUS B. SURESH AND ANOTHER Respondent(s) Date : 17/04/2015 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Vipin Nair, Adv. Mr. P.B. Suresh, Adv. Mr. Vishnu Shankar Jain, Adv. For M/s. Temple Law Firm For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Notice. (Neetu Khajuria) Sr.P.A. (Vinod Kulvi) Assistant Registrar