(Rohinton Fali Nariman and Indu Malhotra, JJ.)
Sila Chetry _______________________________________ Appellant
v.
Sri Dipak Sarmah and Anr. _______________________ Respondent(s)
Civil Appeal No. 6080 of 2018 [Arising out of SLP (Civil) No. 20702 of 2017], decided on July 5, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. We find on a perusal of the impugned judgment and order dated 18.11.2016 that despite the fact that the High Court hiked the overall amount to be paid to the appellant from Rs. 5,69,000/- to Rs. 7,65,000/-, the amount that was payable on account of loss of future earning awarded by the High Court was only Rs. 3,45,00,00/-
3. Having heard learned counsel for the parties, we are clear that this amount is rather low, given the fact, that as a result of the accident, the appellant has undoubtedly been permanently disabled to the extent of 80%.
4. In this view of the matter, under the head of loss of earning, the amount of Rs. 3,45,000/- is set-aside, and we award a sum of Rs. Rs. 15,00,000/-. Rest of the the High Court order will stand untouched.
5. The appeal is disposed of accordingly.
6. Pending applications, if any, shall stand disposed of.
Petition(s) for Special Leave to Appeal (C) No(s). 20702/2017
Sila Chetry ________________________________________ Petitioner
v.
Sri Dipak Sarmah and Anr _________________________ Respondent(s)
Date : 05-07-2018 This petition was called on for hearing today.
(Before Rohinton Fali Nariman and Indu Malhotra, JJ.)
For Petitioner(s) Mr. Pushpendra Shukla, Adv.
Mr. Anilendra Pandey, AOR
For Respondent(s) Mr. Maibam N. Singh, Adv.
Mr. Pramod Dayal, AOR
Mr. Nikunj Dayal, Adv.
Ms. Payal Dayal, Adv.
UPON hearing the counsel the Court made the following
ORDER
7. Leave granted.
8. The appeal is disposed of in terms of the signed order.
9. Pending applications, if any, shall stand disposed of.
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