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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8103 OF 2022
(@SPECIAL LEAVE PETITION (CIVIL) NO. 5851 /2020)
SHAMSHER SINGH & ORS. APPELLANT(S)
VERSUS
LILA RAM & ORS.
RESPONDENT(S)
O R D E R
Leave granted.
We have heard Learned Counsel for the
appellants. The only ground of challenge in this
appeal filed by the claimant is that the High Court
while allowing enhancement of the compensation only
awarded 6% interest on the enhanced amount of
compensation though Motor Accidents Claims Tribunal
(‘the tribunal’) has awarded 9% interest. Learned
Counsel for the appellants contends that there
appears to be no rationale in not awarding the same
interest which was awarded by the tribunal even on
the enhanced amount of compensation.
Learned Counsel appearing for the Respondent-
insurance company tried to justify the order by
saying that the High Court has rightly reduced the
rate of interest since the amount of compensation was
being enhanced.
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We are not impressed by this submission made
on behalf of the learned counsel for the respondent.
We do not find any justification for the High
Court to have reduced the interest component on the
enhanced amount of compensation only because of the
fact that the compensation awarded by the Tribunal
was being enhanced by it.
In view of above, the part of the impugned
order passed by the High Court, awarding only 6%
interest on enhanced amount of compensation is set
aside and the appellants-claimants shall be entitled
for the payment of 9% interest on the total amount
payable as compensation.
The appeal accordingly, stands allowed to the
extent directed above.
…………………………………….J.
[KRISHNA MURARI]
…………………………………….J.
[S. RAVINDRA BHAT]
NEW DELHI;
03
rd
November, 2022
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ITEM NO.6 COURT NO.15 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 5851/2020
(Arising out of impugned final judgment and order dated 11-08-2014
in FAO No. 875/2002 passed by the High Court of Punjab & Haryana at
Chandigarh)
SHAMSHER SINGH & ORS. Petitioner(s)
VERSUS
LILA RAM & ORS. Respondent(s)
([MACT MATTER] )
Date : 03-11-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE KRISHNA MURARI
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
For Petitioner(s) Mr. Arvind Gupta, AOR
Mr. Madhurendra Kumar, Adv.
Mr. Anil Kumar Sahu, Adv.
Mr. Mohit Bidhuri, Adv.
Mr. Utkarsh Sahu, Adv.
Mr. Arun Kumar Tiwari, Adv.
Mr. Nazish Fatima, Adv.
For Respondent(s) Mr. S.L. Gupta, Adv.
Mr. Ashutosh Sharma, Adv.
Ms. Gunjan sharma, Adv.
Mata Prashad Singh, Adv.
Mr. Neeraj Srivastava, Adv.
Ms. Ranjana R. Singh, Adv.
Mr. Gurmeet Singh, Adv.
Mr. Dharam Pal Singh, Adv.
Mr. Varinder Kumar Sharma, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The order inter alia reads as under:-
“We are not impressed by this submission made
on behalf of the learned counsel for the
respondent.
We do not find any justification for the High
Court to have reduced the interest component on the
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enhanced amount of compensation only because of the
fact that the compensation awarded by the Tribunal
was being enhanced by it.
In view of above, the part of the impugned
order passed by the High Court, awarding only 6%
interest on enhanced amount of compensation is set
aside and the appellants-claimants shall be
entitled for the payment of 9% interest on the
total amount payable as compensation.”
The appeal is allowed in terms of the signed order.
Pending application(s), if any, stand disposed of.
(SONIA GULATI) (RENU BALA GAMBHIR)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(Signed order is placed on the file)
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