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2022 DIGILAW 751 (SC)

Gangu Ram v. Divisional Manager Oriental Insurance Company Limited

2022-05-05

S.ABDUL NAZEER, VIKRAM NATH

body2022
ORDER 1. Leave granted. 2. Challenge in this appeal is to the order passed by the High Court of Judicature at Allahabad on 29.10.2018 in FAFO No. 877 OF 2000 holding that the appellant- claimant was entitled to compensation of Rs.5,78,800/- (Rupees five lakh seventy-eight thousand) with interest at the rate of 9% per annum from the date of petition till the date of judgment and 4% thereafter till the payment. 3. Before the High Court the claimant had questioned the judgment and Award passed by the Motor Accidents Claims Tribunal/IVth Addl. District Judge, Aligarh on 28.01.2000 in M.A.C.P. No. 305 of 1996 whereby the Tribunal had awarded compensation of Rs.1,93,000/- with interest @ 10% p.a. 4. We have heard learned counsel for the parties and perused the record. 5. Having regard to the facts and circumstances of the case, we are of the view that the compensation amount awarded by the Tribunal as well as by the High Court are on lower side. 6. In our considered view, it is just and proper to award an additional sum of Rs.2,00,000/- inclusive of interest towards compensation. 7. Therefore, we direct the respondent-Insurance Company to deposit a sum of Rs.2,00,000/- within a period of eight weeks from today before the Tribunal, to be released in favour of the claimants. 8. The appeal is accordingly disposed of. No orders as to costs.