(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
Ritesh Goel ______________________________________ Appellant
v.
Parkash & Ors. _______________________________ Respondent(s)
Civil Appeal No. 6635 of 2018 [Arising out of S.L.P.(C) No. 29612 of 2016], decided on July 12, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard Mr. R.K. Kapoor, learned counsel for the appellant and Mr. Amit Kumar Singh, learned counsel for respondent No. 3-Insurer.
3. In the course of hearing, a suggestion was given to learned counsel for the appellant whether the claim put forth in the claim petition will stand satisfied if the amount of compensation is enhanced to a sum of Rs. 22,50,000/- (Rupees twenty two lacs fifty thousand only). Learned counsel for the appellant, on instructions, accepted the said suggestion. Learned counsel for the respondent-Insurer, however, left it to our discretion.
4. Having heard learned counsel for the parties and having perused the materials on record, we think it appropriate to enhance the compensation amount to Rs. 22,50,000/- (Rupees twenty two lacs fifty thousand only). Respondent No. 3-Insurer is accordingly directed to deposit the balance (enhanced) amount before the Motor Accident Claims Tribunal (for short, ‘the Tribunal’) within eight weeks hence which shall be disbursed in favour of the appellant-claimant on proper identification. If the amount is deposited within the period fixed excluding the amount that has already been deposited, the interest that has been accrued and paid on the already deposited amount shall not be counted towards the enhanced sum. To clarify, the balance amount shall be deposited within eight weeks hence, failing which the Insurer shall be liable to pay interest at the rate of 9% per annum on the compensation amount of Rs. 22,50,000/- (Rupees twenty two lacs fifty thousand only) from the date of filing of the application before the Tribunal.
5. In view of the above, the appeal is disposed of. There shall be no order as to costs.
Petition(s) for Special Leave to Appeal (C) No(s).29612/2016
Ritesh Goel _______________________________________ Petitioner
v.
Parkash & Ors __________________________________ Respondent(s)
Date: 12-07-2018 This petition was called on for hearing today.
(Before Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud], JJ.)
For Petitioner(s) Mr. R.K. Kapoor, Adv.
Mr. Rajat Kapoor, Adv.
Ms. Rekha Giri, Adv.
Mr. Anis Ahmed Khan, AOR
For Respondent(s) Mr. Amit Kumar Singh, Adv.
Mrs. K. Enatoli Sema, Adv.
UPON hearing the counsel the Court made the following
ORDER
6. Leave granted.
7. The appeal is disposed of in terms of the signed order. There shall be no order as to costs.
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