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Nirmala & Ors. v. Singh Ram & Anr.

Heard Mr. Shish Pal Laler, learned counsel appearing for the appellants and Mr. R.K. Kapoor, learned counsel for the respondents.

(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)

Nirmala & Ors. ___________________________________ Appellant(s)

v.

Singh Ram & Anr. _______________________________ Respondent(s)

Civil Appeal No. 6945/2015 and Civil Appeal No. 7200/2016, decided on February 8, 2018

The Order of the court was delivered by

Order

Civil Appeal No. 6945/2015

1. Heard Mr. Shish Pal Laler, learned counsel appearing for the appellants and Mr. R.K. Kapoor, learned counsel for the respondents.

2. Having heard learned counsel for the parties, we are not inclined to enhance the amount awarded by the High Court, for we find it just and reasonable.

3. In view of the aforesaid, the appeal sans merit and is dismissed.

Civil Appeal No. 7200/2016

4. In the course of hearing, a suggestion was given to Mr. Dinesh Chandra Pandey, learned counsel appearing for the appellants whether the enhancement of the amount by Rs. 5,00,000/- (Rupees five lacs only) will satisfy the claim put forth in the appeal. Learned counsel accepted the same. Mr. Vishnu Mehra, learned counsel appearing for the respondent-insurance company, left it to the discretion of the Court.

5. In view of the aforesaid, the amount awarded is enhanced by Rs. 5,00,000/- (Rupees five lacs only) with the stipulation that the same shall be deposited before the Tribunal within twelve weeks hence, failing which it shall carry interest at the rate of 9% per annum from the date of application before the Tribunal. The amount deposited shall be disbursed in favour of the appellants on proper identification.

6. With the aforesaid modification in the award passed by the tribunal, which has been further modified by the High Court, the appeal stands disposed of. There shall be no order as to costs.

Civil Appeal No. 6937/2015

Babli & Ors _____________________________________ Appellant(s)

v.

Raj Pal & Ors ___________________________________ Respondent(s)

With

C.A. No. 6945/2015 (IV)

SLP(C) No. 22630/2015 (IV-B)

C.A. No. 7200/2016 (IV)

Date: 08-02-2018 These matters were called on for hearing today.

(Before Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)

CA 6937 & 7200

Mr. Dinesh Chandra Pandey, AOR

Mr. Rajeev Gurung, Adv.

CA 6945

Mr. Sameer Nandwani, Adv.

Mr. Shakil Ahmed Syed, AOR

CA 6945

Mr. Shish Pal Laler, Adv.

Mr. Sonit Sinhmar, Adv.

Mr. Devesh Kumar Tripathi, AOR

SLP 22630

Mr. R.K. Kapoor, Adv.

Mr. Rajat Kapoor, Adv.

Ms. Rekha Giri, Adv.

Mr. Anis Ahmed Khan, AOR

Mr. Balbir Singh Gupta, AOR For Respondents

CA 6937

Ms. Prerna Mehta, AOR

SLP 22630

Mr. Sameer Nandwani, Adv.

Mr. Shakil Ahmed Syed, AOR

CA 7200

Mr. Vishnu Mehra, Adv.

Ms. Aditi, Adv.

Ms. Sakshi Mittal, AOR

SLP 22630

Mr. Shish Pal Laler, Adv.

Mr. Sonit Sinhmar, Adv.

Mr. Devesh Kumar Tripathi, AOR

CA 7200

Mr. M. Dutta, Adv.

Mr. Rajkumar Kaushik, Adv.

Mr. Sayid Marzook Bafaki, AOR

CA 6945

Mr. R.K. Kapoor, Adv.

Mr. Rajat Kapoor, Adv.

Ms. Rekha Giri, Adv.

Mr. Anis Ahmed Khan, AOR

Mr. Anis Ahmed Khan, AOR

Mr. Balbir Singh Gupta, AOR

UPON hearing the counsel the Court made the following

Order

Civil Appeal No. 6937/2015

7. List the matter on 13.2.2018.

Civil Appeal No. 6945/2015

8. The appeal is dismissed in terms of the signed order. Pending interlocutory applications, if any, stand disposed of.

Civil Appeal No………………./2018

(arising out of SLP(C) No. 22630/2015)

9. Leave granted.

10. Hearing concluded.

11. Orders reserved.

Civil Appeal No. 7200/2016

12. The appeal is disposed of in terms of the signed order. Pending interlocutory applications, if any, also stand disposed of.

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