Q. What are the equivalent citations for Sukhbinder Kaur and Others vs Nirmolak Singh and Others ?

The equivalence citation are1982 (1) SCALE 504 ; (1982) 2 SCC 348 ; LQ/SC/1982/22 ;

Sukhbinder Kaur And Others Vs. Nirmolak Singh And Others On 18 January, 1982

Q: Q. What was the bench assigned for the case Sukhbinder Kaur and Others vs Nirmolak Singh and Others?

HONBLE JUSTICE P.N.BHAGWATI, HONBLE JUSTICE E.S.VENKATARAMIAH, HONBLE JUSTICE A. VARADARAJAN

Open iDraf

Sukhbinder Kaur And Others v. Nirmolak Singh And Others

Sukhbinder Kaur And Others
v.
Nirmolak Singh And Others

(Supreme Court Of India)

Civil Appeal No. 217 Of 1982 | 18-01-1982

1. We are of the view that having regard to the facts and circumstances of the present case and particularly in view of the fact that the bread earner of the family is gone and the widow and two minor children are reduced to a condition of helplessness and the widow has to lead the rest of her life alone and at the mercy of her friends and relatives and taking into account the earning capacity of the deceased, the amount of Rs 40, 000 awarded by way of compensation is not adequate and it should be enhanced to Rs 55, 000.

2. We accordingly allow the appeal and order that a sum of Rs 55, 000 be paid to the appellants by way of compensation. We are told that a sum of Rs 20, 000, representing the liability of the insurers, has already been deposited in Court. The appellants will be at liberty to withdraw that amount. The balance out of the amount of Rs 55, 000, will be paid by respondents 1 to 3 to the appellants and, if any amount has already been paid or deposited by respondents 1 to 3 in addition to the amount of Rs 20, 000 deposited by the insurers, the same will be given credit for and the balance of the decretal amount will be paid by respondents 1 to 3 within two months from today and if it is not so paid, it will carry interest at the rate of 12 per cent per annum.

3. There will be no order as to costs.

Advocates List

For

Bench List

HON'BLE JUSTICE P.N.BHAGWATI

HON'BLE JUSTICE E.S.VENKATARAMIAH

HON'BLE JUSTICE A. VARADARAJAN

Eq Citation

1982 (1) SCALE 504

(1982) 2 SCC 348

LQ/SC/1982/22

HeadNote

Motor Vehicles Act, 1988 — Ss. 166(1) & 173(1) — Compensation — Enhancement of — Bread earner of family gone — Widow and two minor children reduced to a condition of helplessness — Widow has to lead rest of her life alone and at mercy of her friends and relatives — Earning capacity of deceased taken into account — Held, amount of Rs 40,000 awarded by way of compensation is not adequate and it should be enhanced to Rs 55,000