IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. OF 2025 (@ SPECIAL LEAVE PETITION (CIVIL)NO(S). OF 2025)

(DY.NO.40714 OF 2018)

MUKESH KUMAR ALIAS KALI (DECEASED) THR. LRS. APPELLANT(S)

VERSUS THE NEW INDIA ASSURANCE COMPANY LTD & ORS. RESPONDENT(S)

R1: THE NEW INDIA ASSURANCE COMPANY LTD.

R2: SUBHASH CHAND R3: M/S. KAMROOP ROADWAYS R4: MANGE RAM R5: LALWANTI

O R D E R

Delay condoned.

2. Leave granted.

3. Though, no one has appeared on behalf of the appellant, we have heard learned counsel for respondent no.1-Insurance Company.

4. The appeals are directed against the order dated 05.08.2016 passed by the High Court of Punjab and Haryana at Chandigarh in Cross Objection Nos. 47-CII-1995, 48-CII-1995, 49-CII-1995 and 50- CII-1995. By the impugned order, the High Court enhanced the compensation as follows:-

 In Cross Objection No. 47-CII-1995, the compensation was enhanced from Rs. 2,50,000/- to Rs. 6,85,800/-.

 In Cross Objection No. 48-CII-1995, the compensation was Signature Not Verified enhanced from Rs. 72,000/- to Rs. 3,80,000/-.

Digitaly signed by VARSHA MENDIRATTA Date: 2025.05.01

15:52:22 IST Reason:

 In Cross Objection Nos. 49-CII-1995 and 50-CII-1995, the compensation was enhanced from Rs. 40,000/- to Rs.

1,00,000/- in each case.

5. The High Court further modified the rate of interest, whereby the interest at the rate of 9% per annum as awarded by the Motor Accidents Claims Tribunal (for short, ‘MACT’) was denied and substitued with Simple Interest (S.I.) at the rate of 7.5% per annum, payable only in the event of failure to make payment within

60 days from the date of the said order.

6. The accident occurred on 06.10.1991 and the MACT passed its award on 09.08.1994. In the same year, both the claimant(s)/appellant(s) and the respondent-Insurance Company filed appeals before the High Court, which culminated in the impugned order.

7. Learned counsel for respondent no.1 submits that, in compliance with the award passed by the MACT, whatever amount was due along with interest at the rate of 9% per annum has already been paid. It is further submitted that as per the order of High Court, the amount was due, has been paid, if any, within the stipulated period of 60 days from the date of the said order.

8. Having considered the matter and in view of the quantum of compensation, we are inclined to modify the order of the High Court to the extent that, on the enhanced compensation, interest at the rate of 7.5% per annum shall be payable from the date of filing of the claim petition till the date of actual payment. The same shall be paid within two months from today, failing which, it shall carry the interest at the rate of 9% per annum from the date of filing the claim petition till realization.

9. The present appeals stand allowed in the terms and to the extent as herein before specified.

10. There shall be no order as to costs.

......................J.

(AHSANUDDIN AMANULLAH)

......................J.

(PRASHANT KUMAR MISHRA)

NEW DELHI

24th APRIL, 2025.

ITEM NO.1 COURT NO.16 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 40714/2018 [Arising out of impugned final judgment and order dated 05-08-2016 in CRO No. 47/1995 05-08-2016 in CRO No. 48/1995 05-08-2016 in CRO No. 49/1995 05-08-2016 in CRO No. 50/1995 passed by the High Court of Punjab & Haryana at Chandigarh]

MUKESH KUMAR ALIAS KALI (DECEASED) THR. LRS. PETITIONER(S)

VERSUS THE NEW INDIA ASSURANCE COMPANY LTD & ORS. RESPONDENT(S)

IA No. 1085/2019 - CONDONATION OF DELAY IN FILING IA No. 1087/2019 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS Date : 24-04-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s)

For Respondent(s) Mr. Ranjan Kumar Pandey, AOR Mr. Kk Bhat, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Delay condoned.

Leave granted.

The appeals stand allowed in terms of th