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Dhanurdhar Sahoo v. Divisional Manager

Dhanurdhar Sahoo v. Divisional Manager

(Supreme Court Of India)

Civil Appeal No. 8971 of 2015 (Arising out of S.L.P. (C) No. 20942 of 2014) | 27-10-2015

1. Leave granted.

2. This appeal is directed against the judgment and order passed by the High Court of Orissa at Cuttack in M.A.C.A. No. 988 of 2009, dated 29.04.2014, whereby and where under the High Court has dismissed the appeal filed by the appellants/claimants.

3. The appellants/claimants are the family members of the deceased, who met with an accident and succumbed to his injuries. On the claim made by the appellants/claimants, the Motor Accident Claims Tribunal, Cuttack (for short 'the Tribunal') had awarded a compensation of Rs. 3,68,000/- with interest @ 6.5% p.a. from the date of the petition till realization.

4. Being aggrieved by the compensation so awarded by the Tribunal, the appellants/claimants preferred an appeal before the High Court. The High Court, by its impugned judgment and order has dismissed the same. Aggrieved by the judgment and order passed by the High Court, the appellants/claimants are before us in this appeal.

5. We have heard learned counsel for the parties to the lis.

6. After going through the records and 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 Tribunal be further enhanced by another sum of Rs. 3,00,000/- with interest at the rate of 6 per cent on the enhanced amount from the date of the order passed by the High Court.

7. Accordingly, while allowing this appeal, we modify the judgments and orders passed by the High Court as well as the Tribunal. The appellants/claimants are now entitled for another sum of Rs. 3,00,000/- over and above the compensation so awarded by the Tribunal with interest at the rate of 6 per cent on the enhanced amount from the date of the order passed by the High Court. In all other respects, the judgment and order passed by the High Court is sustained.

8. We clarify that the compensation shall be paid by the respondent No.1 as expeditiously as possible at any rate within a period of six weeks from today, without any deductions whatsoever. Ordered accordingly.

Advocate List

  • Mr. Binay Kumar Das, Advocate, for the Appellants; Ms. Manjeet Chawla, Advocate, for the Respondents

  •  

Bench
  • HON'BLE JUSTICE H.L. DATTU
  • CJ
  • HON'BLE JUSTICE ARUN MISHRA
Eq Citations
  • 2016 (1) ILR-CUT 438
  • LQ/SC/2015/1474
Head Note

A. Motor Vehicles Act, 1988 — S. 166 — Compensation — Peculiar facts and circumstances — Held, compensation awarded by Tribunal be further enhanced by another sum of Rs 300,000 with interest at the rate of 6 per cent on the enhanced amount from the date of the order passed by the High Court (Para 6) B. Motor Vehicles Act, 1988 — S. 166 — Compensation — Payment — Held, compensation shall be paid by the respondent No. 1 as expeditiously as possible at any rate within a period of six weeks from today without any deductions whatsoever (Para 8)