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Simrat Kaur & Ors. Vs. State of Haryana & Ors.

[Civil Appeal No. 7204 of 2012 (Special Leave Petition (Civil) No.9766 of 2009]

O R D E R

1. Leave granted.

2. This appeal is directed against the judgment and order of the High Court of Punjab & Haryana at Chandigarh in Regular First Appeal No. 3922 of2007, dated 16.09.2008.

3. On the last date of hearing, we had requested the learned counsel appearing for respondent no.2 to find out whether the respondents are prepared to give the enhanced compensation, as was done by the High Court in the case of Balkar Singh & Anr. Vs. State of Harayana & Ors., inR.F.A.No.2612/1991, dated 14.11.2003.

4. Learned senior counsel appearing for the respondent-Corporation, on instructions and taking into consideration the pathetic condition of the first appellant, submits that the respondent-Corporation is prepared to pay the enhanced compensation only to the widow, i.e. appellant no.1, in accordance with the aforesaid judgment and order of the Punjab & Haryana High Court in Balkar Singh's case (supra).

5. Placing on record the concession so made by learned senior counsel for the respondent-Corporation, we dispose of the appeal in the following terms:

i. The respondent-corporation shall pay the enhanced compensation to the first appellant, namely, Smt. Simrat Kaur, widow of late Shri Jagtar Singh;

ii. We make it clear that the first appellant and others are not entitled to get any interest or solatium on the amount that would be paid by the respondent-corporation;

iii. Our order shall not be treated as a precedent in any other case.

Ordered accordingly.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI;

OCTOBER 01, 2012


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