Research › Browse › Judgment

Supreme Court of India · body

2019 DIGILAW 503 (SC)

Nalirabanu v. Branch Manager New India Assurance Company Limited

2019-02-06

L.NAGESWARA RAO, SANJIV KHANNA

body2019
ORDER 1. Leave granted. 2. The claim petition filed by the appellants seeking compensation for the death of Rahamadulla in a Motor Accident on 10.7.2007 was allowed and the Tribunal awarded compensation of Rs.37,79,362/-. 3. The High Court reduced the compensation to Rs.18,15,000/- after recording a finding that the deceased was guilty of contributory negligence. The High Court re-appreciated the evidence to come to the conclusion that the deceased was also negligent in driving the two wheeler. 4. We do not consider it necessary to examine the merit of the contentions raised by both sides to decide the point regarding the contributory negligence of the deceased. We are of the opinion that the interest of justice would be served if the compensation payable to the appellants is enhanced by five lakhs. 5. The appeal is accordingly disposed of. Pending application(s), if any, stand disposed of.