IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 5288  OF 2008

[Arising out of SLP(C) No. 3789/2007]

KALAPPA GANGAPPA PAGI ... APPELLANT(S)

:VERSUS:

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD. AND ORS.

... RESPONDENT(S)

O R D E R

Leave granted.

The  appellant  herein,  on  a  claim  petition  filed  by  him  in  respect  of  an

accident which took place on 17.11.2002, was awarded a sum of Rs. 2,92,350/- by the

Motor Accidents Claims Tribunal.  The respondent – National  Insurance Company

preferred an appeal thereagainst before the High Court.  By reason of the impugned

judgment, the amount of compensation has been reduced to Rs. 1,56,600/-.   

While  doing so, the High Court has not assigned any reason, whatsoever, as

to on what basis the said judgment was passed.  

-2-

We, therefore, are of the opinion that the appeal preferred by the respondent

herein in terms of Section 173 of the Motor Vehicles Act, 1988 should be considered

afresh on merit and the High Court should pass a reasoned judgment.

The impugned judgment is, therefore, set aside and the matter is remitted to

the High Court for consideration of the appeal afresh on merit.  

The appeal is allowed with the aforementioned observation.

As nobody has appeared on behalf of the appellant, there shall be no order

as to costs.

..........................J (S.B. SINHA)

..........................J   (CYRIAC JOSEPH)    NEW DELHI, AUGUST 27, 2008.