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Lalit Kumar Vs. Uttarakhand St. Electricity Board & Ors. [2008] INSC 2107 (6 December 2008)

Judgment

SUPREME COURT LOK ADALAT CIVIL APPEAL NO.7169/2008 ARISING OUT OF Petition(s)for Special Leave to Appeal (C)No(s).9633 of 2006 (From the Judgment and Order dated 20.8.2004 passed by the High Court of Uttaranchal at Nainital in A.O.No.21 of 2004 (F.A.F.O.(Old) No.1030 of 1997 LALIT KUMAR ... Petitioner (s) Versus UTTARAKHAND STATE ELECTRICITY BOARD & ORS. ... Respondent (s) (With appln.(s) for C/delay in filing SLP and amendment of cause title and office report) Date : 06/12/2008 The above petition 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. Fuzail Khan, Adv.

Ms. Alka Sinha, Adv.

Mr. M.P. Shorawala, Adv.

For Respondent (s) RR-1 Mr. Pradeep Misra, Adv.

Mr. Daleep Kumar Dhayani, Adv.

RR-2 Mr. S.L. Gupta, Adv.

Mr. Anand Vardhan Sharma, Adv.

Mr. Ram Lal Kadamb S., Adv.

Mr. Goodwill Indeevar, Adv.

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 :- Delay condoned.

Leave granted.

...2/- -2- The appellant herein met with an accident while travelling in a scooter. He filed a claim petition before the Tribunal and the Tribunal was pleased to grant Rs.1,50,000/- as compensation with 12% interest from the date of the application till payment.

We are told that a sum of Rs.2,20,000/- has already been deposited by the Insurance Company before the Tribunal towards the compensation.

The appellant preferred an appeal before the High Court for enhancement of compensation which was dismissed. Hence the appellant has filed this appeal before this Court.

We have heard learned counsel for both the parties. Learned counsel for the appellant submits that the left leg of the appellant had been amputated and he had suffered 60% disability. Learned Counsel for the Insurance Company stated that the appellant was only a Sales Man at the time of the accident.

Having regard to the facts of the case, we are of the opinion that in addition to the amount already paid to the claimant i.e. Rs.2,20,000/- the Insurance Company is directed to pay another sum of Rs.2,00,000/- towards the claim. This is the full and final settlement including the interest in addition to the already paid amount of Rs.2,20,000/-.

The appeal is accordingly, allowed.

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