06 September 2008
Supreme Court
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ANIL KUMAR SHARMA Vs NEW INDIA ASSURANCE CO. LTD. .

Bench: K.G. BALAKRISHNAN,ARIJIT PASAYAT,P. SATHASIVAM, ,
Case number: C.A. No.-005560-005560 / 2008
Diary number: 19325 / 2007
Advocates: R. C. GUBRELE Vs DEBASIS MISRA


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ITEM NO.2                 LOK ADALAT NO.2               SECTION XVII

           S U P R E M E   C O U R T   L O K  A D A L A T                                                C.A.No.      Of      @ Petition(s) for Special Leave to Appeal (Civil) No(s).19493/2007

(From the judgement and order dated 22/03/2007 in  MA No. 238/2005  of The HIGH COURT OF JHARKHAND AT RANCHI)

ANIL KUMAR SHARMA                                    Petitioner(s)

                     VERSUS

NEW INDIA ASSURANCE CO. LTD. & ORS.                  Respondent(s)

Date: 06/09/2008  The above appeal was taken up today for settlement.

CORAM :         HON'BLE  THE CHIEF JUSTICE         HON'BLE Dr. JUSTICE ARIJIT PASAYAT         HON'BLE MR. JUSTICE P. SATHASIVAM

For Petitioner(s)/   Mr. R.C. Gubrele,Adv. appellant(s)/  Mr.K.R.GUpta, Adv. in person  Mr.Satbir S.Pillania, ADv.

For Respondent(s)/   Mr. Debasis Misra,Adv. In person

This matter was taken up at the Supreme Court Lok Adalat with the

consent and agreement through their counsel.  The following order/award is passed

:-

Leave granted.

The claimant is the appellant before us.  The Motor Vehicles Accident

Claims Tribunal had awarded a sum of Rs.70,000/- towards compensation for the

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death of the deceased.  The High Court has  enhanced it to a sum of Rs.1,50,000/-.

The appellant has filed

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this appeal before us for enhancement of that amount.  The deceased, at the time

of his death, was a retired public sector employee and was aged about 62 years.

Having regard to the facts and circumstances of the case, we find that, in addition

to the  amount  already  paid,  as  full  final  settlement,  the  insurance  company  is

directed to pay another sum of Rs.1 lac including interest towards the claim of the

appellant.

The appeal is disposed of.

     (P.Sathasivam) (Dr.Arijit Pasayat)   (K.G.Balakrishnan)