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SUPREME COURT OF INDIA
A.M. Khanwilkar, Ajay Rastogi, JJ.
Indu Shailar - Appellant
Versus
Tahir Khan & Ors. - Respondents
Civil Appeal No. 1647 of 2019
Decided On : 13-02-2019
Compensation - Enhancement of Compensation - The court ordered the appellant to be entitled to an additional lump sum amount of Rs. 2,00,000 towards compensation, which was partly allowed and had to be deposited within eight weeks failing which it would bear interest at 9% p.a.
Fact of the Case:
The court granted leave and heard counsel for the parties. After considering the peculiar facts and circumstances of the case, the court indicated an increase in compensation by a lump sum amount of Rs. 2,00,000, to which the appellant consented and the respondent left it to the discretion of the Court. The appeal was partly allowed, and the enhanced amount had to be deposited within eight weeks failing which it would bear interest at 9% p.a.
Finding of the Court:
The court found that the appellant was entitled to an additional lump sum amount of Rs. 2,00,000 towards compensation, which was partly allowed. The enhanced amount had to be deposited within eight weeks failing which it would bear interest at 9% p.a.
Issues:
Ratio Decidendi:
Final Decision: The appellant was entitled to an additional lump sum amount of Rs. 2,00,000 towards compensation, which was partly allowed. The enhanced amount had to be deposited within eight weeks failing which it would bear interest at 9% p.a.
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. After hearing counsel for the parties, in light of peculiar facts and circumstances of this case, it was indicated to the learned counsel for the appellant that enhancement by a lumsum amount of Rs. 2,00,000/- (Rupees Two Lakhs only) would meet the ends of justice. The appellant through counsel has consented for this increase. Learned counsel for the respondent has left it to the discretion of the Court. Hence, We order that the appellant is entitled to additional lumsum amount of Rs.2,00,000/- (Rupees Two Lakhs only) towards compensation.
4. Accordingly, the appeal is partly allowed. The enhanced amount be deposited in the Tribunal within eight weeks from today, failing which it shall bear interest @ 9% p.a. from the date of institution of the claim petition. The amount so deposited be disbursed as per the dictum in General Manager, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas (Mrs) and Others , (1994) 2 SCC 176.
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