IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9110 OF 2015 (Arising out of SLP(C) No 13391 of 2015) JANKU DEVI AND ORS. ..APPELLANT(S) VERSUS MANAGING DIRECTOR HIMACHAL ROAD TRASPORT CORPORATION LIMITED SHIMLA, HIMACHAL PRADESH ..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 Himachal Pradesh at Shimla in FAO No.482 of 2010, dated 21.11.2014. 3. The appellants/claimants are the family members of the deceased met with an accident and succumbed to his injuries. On the claim filed by the appellants/claimants, the Motor Accident Claims Tribunal II, Shimla, Camp at Rohru (for short, “the Tribunal”) had awarded a compensation of 1
Rs.5,35,000/- with interest at the rate of 6 per cent per annum from the date of 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 while sustaining amount of compensation awarded by the Tribunal enhanced the rate of interest from 6 per cent to 7.5 percent. 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 Tribunal as 2
confirmed by the High Court be further enhanced by another sum of Rs.5,00,000/-. 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.5,00,000/- 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. 3
ITEM NO.30 COURT NO.1 SECTION XIV 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). 13391/2015 (Arising out of impugned final judgment and order dated 21/11/2014 in FAO No. 482/2010 passed by the High Court Of Himachal Pradesh At Shimla) JANKU DEVI AND ORS. Petitioner(s) VERSUS MANAGING DIRECTOR HIMACHAL ROAD TRANSPORT CORPORATION LTD. SHIMLA H.P Respondent(s) 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. Kunal Verma, Adv. Mr. M.C. Dhingra,Adv. For Respondent(s) Mr. S.L. Gupta, Adv. Mr. Vikash Chandra, Adv. Mr. Varinder Kumar Sharma,Adv. Mr. Dinesh Mohan Sinha, Adv. Mr. Rajeeb Kr. Sahu, Adv. Mr. Rajeev Kumar Deora, 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 ] [ Vinod Kulvi ] A.R.-cum-P.S. Asstt. Registrar [ Signed order is placed on the file ]
v& 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9110 OF 2015 (Arising out of SLP(C) No 13391 of 2015) JANKU DEVI AND ORS. ..APPELLANT(S) VERSUS MANAGING DIRECTOR HIMACHAL ROAD TRASPORT CORPORATION LIMITED SHIMLA, HIMACHAL PRADESH ..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 Himachal Pradesh at Shimla in FAO No.482 of 2010, dated 21.11.2014. 3. The appellants/claimants are the family members of the deceased met with an accident and succumbed to his injuries. On the claim filed by the appellants/claimants, the Motor Accident Claims Tribunal II, Shimla, Camp at Rohru (for short, "theSignature Not VerifiedDigitally signed by Tribunal") had awarded a compensation ofCharanjeet KaurDate: 2015.10.3114:30:35 ISTReason: 2Rs.5,35,000/- with interest at the rate of 6 percent per annum from the date of filing of the claimpetition.4. Being aggrieved by the award so passed by theTribunal, the appellants/claimants preferred appealbefore the High Court. The High Court by theimpugned judgment and order while sustaining amount
of compensation awarded by the Tribunal enhanced therate of interest from 6 per cent to 7.5 percent.Aggrieved by the order so passed by the High Courtthe appellants/claimants are before us in this civilappeal.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 factsand circumstances of the case, we are of the opinionthat the compensation awarded by the Tribunal as 3confirmed by the High Court be further enhanced byanother sum of Rs.5,00,000/-.7. Accordingly, while allowing this appeal wemodify the judgment and order passed by the HighCourt. The appellants/claimants are now entitledfor an enhanced amount of Rs.5,00,000/- over andabove the compensation awarded by the High Courtwith interest at the rate of 6 per cent on theenhanced amount from the date of order passed by theHigh Court.8. The Civil Appeal is disposed of accordingly. .................CJI. [ H.L. DATTU ] ...................J. [ ARUN MISHRA ]NEW DELHI;OCTOBER 29, 2015.ITEM NO.30 COURT NO.1 SECTION XIV 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). 13391/2015
(Arising out of impugned final judgment and order dated21/11/2014 in FAO No. 482/2010 passed by the High Court OfHimachal Pradesh At Shimla)JANKU DEVI AND ORS. Petitioner(s) VERSUSMANAGING DIRECTOR HIMACHAL ROAD TRANSPORTCORPORATION LTD. SHIMLA H.P Respondent(s)Date :29/10/2015 This petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRAFor Petitioner(s) Mr. Kunal Verma, Adv. Mr. M.C. Dhingra,Adv.For Respondent(s) Mr. S.L. Gupta, Adv. Mr. Vikash Chandra, Adv. Mr. Varinder Kumar Sharma,Adv. Mr. Dinesh Mohan Sinha, Adv. Mr. Rajeeb Kr. Sahu, Adv. Mr. Rajeev Kumar Deora, 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 ] [ Vinod Kulvi ] A.R.-cum-P.S. Asstt. Registrar [ Signed order is placed on the file ]
Listed on 15.10.2015 Before Court No. Item No. SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTON PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) No.13391 OF 2015 JANKU DEVI AND ORS. ..PETITIONERS VERSUS MANAGING DIRECTOR HIMACHAL ROAD TRANSPORT CORPORATION ..RESPONDENT OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 27.04.2015, when the Court was pleased to pass the following order:- " Delay condoned . Notice ." It is submitted that as directed above, show cause notice to sole respondent was issued on 13.05.2015 by registered AD. Mr. Varinder Kumar Sharma, Advocate has filed Vakalatnama/Appearance on behalf of sole respondent, but he has not filed counter affidavit so far. Service is complete. The matter above-mentioned is listed before the Hon'ble Court with this Office Report. DATED THIS THE 14 th of OCTOBER, 2015. ASSISTANT REGISTRAR Copy to : 1.Mr. M.C. Dhingra, Advocate 2.Mr. Varinder Kumar Sharma, Advocate ASSISTANT REGISTRAR P-2/Avi
ITEM NO.96 REGISTRAR COURT. 1 SECTION XIV 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. SURAJIT DEY Petition(s) for Special Leave to Appeal (C) No(s). 13391/2015 JANKU DEVI AND ORS. Petitioner(s) VERSUS MANAGING DIRECTOR HIMACHAL ROAD TRANSPORT CORPORATION LTD. SHIMLA H.P Respondent(s) Date : 12/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Kunal Verma, Adv. Mr. M. C. Dhingra,Adv. For Respondent(s) Mr. Varinder Kumar Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Liberty is granted to the Ld. Counsel for the sole respondent to file counter affidavit within four weeks. List again on 13.10.2015. (SURAJIT DEY) Registrar
Listed on 12.08.2015 Before Ld. Registrar Court No. 1 Item No. 96 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTON PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) No.13391 OF 2015 JANKU DEVI AND ORS. ..PETITIONERS VERSUS MANAGING DIRECTOR HIMACHAL ROAD TRANSPORT CORPORATION ..RESPONDENT OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 27.04.2015, when the Court was pleased to pass the following order:- " Delay condoned . Notice ." It is submitted that as directed above, show cause notice to sole respondent was issued on 13.05.2015 by registered AD. Mr. Varinder Kumar Sharma, Advocate has filed Vakalatnama/Appearance on behalf of sole respondent, but he has not filed counter affidavit so far. Service is complete. The matters above-mentioned are listed before the Ld. Registrar Court with this Office Report. DATED THIS THE 11 th of AUGUST, 2015. ASSISTANT REGISTRAR Copy to : 1.Mr. M.C. Dhingra, Advocate 2.Mr. Varinder Kumar Sharma, Advocate ASSISTANT REGISTRAR P-2/Avi
: ITEM NO.96 REGISTRAR COURT. 1 SECTION XIV 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. SURAJIT DEY Petition(s) for Special Leave to Appeal (C) No(s). 13391/2015 JANKU DEVI AND ORS. Petitioner(s) VERSUS MANAGING DIRECTOR HIMACHAL ROAD TRANSPORT CORPORATION LTD. SHIMLA H.P Respondent(s) Date : 12/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Kunal Verma, Adv. Mr. M. C. Dhingra,Adv. For Respondent(s) Mr. Varinder Kumar Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Liberty is granted to the Ld. Counsel for the sole respondent to file counter affidavit within four weeks. List again on 13.10.2015. (SURAJIT DEY) RegistrarSignature Not VerifiedDigitally signed byRupam DhamijaDate: 2015.08.1913:48:43 ISTReason:
ITEM NO.23 COURT NO.1 SECTION XIV 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)......CC No(s). 7304/2015 (Arising out of impugned final judgment and order dated 21/11/2014 in FAO No. 482/2010 passed by the High Court Of Himachal Pradesh at Shimla) JANKU DEVI AND ORS. Petitioner(s) VERSUS MANAGING DIRECTOR HIMACHAL ROAD TRANSPORT CORPORATION LTD. SHIMLA H.P. Respondent(s) (with appln. (s) for c/delay in filing SLP) Date : 27/04/2015 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. M. C. Dhingra,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Notice. (G.V.Ramana) (Vinod Kulvi) AR-cum-PS Asstt.Registrar
P ITEM NO.23 COURT NO.1 SECTION XIV 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)......CC No(s). 7304/2015 (Arising out of impugned final judgment and order dated 21/11/2014 in FAO No. 482/2010 passed by the High Court Of Himachal Pradesh at Shimla) JANKU DEVI AND ORS. Petitioner(s) VERSUS MANAGING DIRECTOR HIMACHAL ROAD TRANSPORT CORPORATION LTD. SHIMLA H.P. Respondent(s) (with appln. (s) for c/delay in filing SLP) Date : 27/04/2015 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. M. C. Dhingra,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Notice. (G.V.Ramana) (Vinod Kulvi) AR-cum-PS Asstt.RegistrarSignature Not VerifiedDigitally signed byRamana Venkata GantiDate: 2015.04.2812:59:33 ISTReason: