Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5119 OF 2013
(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.28566 OF 2012)
C.H.SURYANARAYANA ... APPELLANT
VERSUS
ORIENTAL INSURANCE CO. LTD. & ANR. ... RESPONDENTS
O R D E R
1. Leave granted.
2. This appeal is directed against the judgment and
order passed by the High Court of Karnataka, Circuit Bench at
Dharwad in M.F.A.No.21957/2009 (MV), dated 27.02.2012. By the
impugned judgment and order, the High Court has reduced the
compensation that was awarded by the Motor Accident Claims
Tribunal (for short 'the Tribunal') from Rs.2,16,000/- to
JUDGMENT
Rs.1,08,000/- with interest thereon.
3. We have heard learned counsel for the parties and
also perused the judgment of the High Court in detail.
4. In the peculiar facts and circumstances of the case,
we are of the opinion that the High Court ought not to have
reduced the compensation that was awarded by the Tribunal. In
that view of the matter, while allowing this appeal, we set
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aside the judgment and order passed by the High Court and
restore the order passed by the Tribunal.
Ordered accordingly.
...................J.
(H.L. DATTU)
...................J.
(DIPAK MISRA)
NEW DELHI;
JULY 03, 2013
JUDGMENT
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