(Sanjay Kishan Kaul, Ajay Rastogi and Aniruddha Bose, JJ.)
Ved Prakash Goel and Another _____________________ Appellant(s);
v.
S.D. Singh and Another __________________________ Respondent(s).
Civil Appeal No. 2831 of 2020 (Arising out of SLP (Civil) No. 13992/2018), decided on July 29, 2020
The Order of the court was delivered by
Order
1. Leave granted.
2. We have heard learned counsel for the parties.
3. The manner in which incident occured shows that the deceased actually came on the wrong side of the single way as the other side of the way was closed. It is this, which has weighed in affixing 50% contributory negligence on the appellants.
4. In view of the aforesaid, we are not able to persuade ourselves to give the benefit of the entire compensation to the appellants.
5. We have examined the impugned judgment and all other perspective also and do not find any infirmity except two aspects: (a) the multiplier applied was 13 while as per the judgment in Sarla Verma v. Delhi Transport Corporation – (2009) 6 SCC 121, it should have been 18. This position cannot be disputed by learned counsel for the respondent. (b) The interest granted is of 6% which generally the interest being granted is of 9% including in a recent judgment in the case of Erudhaya Priya v. State Express Transport Corporation Ltd. [Civil Appeal Nos. 2811-2812/2020) decided on 27th July, 2020.
6. The aforesaid are the only two aspects on which the impugned judgment is liable to be modified and all other findings are liable to be sustained.
7. The appeal is accordingly allowed in the aforesaid terms leaving the parties to bear their own costs.
Petition(s) for Special Leave to Appeal (C) No(s). 13992/2018
Ved Prakash Goel @ Ved Goel & Anr _________________ Appellant(s)
v.
S.D. Singh & Anr ________________________________ Respondent(s)
(IA No. 70705/2018 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 72549/2019 – EXEMPTION FROM FILING O.T.)
Date : 29-07-2020 This matter was called on for hearing today.
(Before Sanjay Kishan Kaul, Ajay Rastogi and Aniruddha Bose, JJ.)
For Appellant(s) Mr. Anant Agarwal, Adv.
Ms. Sweta Rani, AOR
For Respondent(s) Mr. Akshay Girish Ringe, AOR
Ms. Megha Mukerjee, Adv.
Mr. Parmanand Gaur, AOR
Mr. Ekansh Bansal, Adv.
UPON hearing the counsel the Court made the following
ORDER
8. Heard learned counsel for the parties.
9. Leave granted.
10. The appeal is allowed in terms of the signed order.
11. Pending applications shall also stand disposed of.
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