Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 1872/2018
(ARISING FROM SLP (C) NO.2858/2018)
THE ORIENTAL INSURANCE CO. LTD. APPELLANT(S)
VERSUS
USHA BHAGCHANDANI & ORS. RESPONDENT(S)
WITH
C.A. NO.1873/2018 @ SLP(C) NO. 2671/2018
| J U D G M E N T | ||
| KURIAN, J. | ||
| ture Not Verified<br>lly signed by<br>NDRA PRASAD<br>2018.02.19<br>:12 IST<br>on: | ||
| Issue notice. | ||
| 2. Ms. Vandana Sehgal, learned counsel, appears and<br>accepts notice for the caveator/Respondent No.1, in<br>both the petitions. | ||
| 3. Heard learned counsel for the parties. | ||
| 4. Leave granted. | ||
| 5. Learned counsel appearing for the<br>appellant/Insurance Company has made three |
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submissions: (i) It is a case of contributory
negligence. However despite taking such a
contention, no steps have been taken by the
respondent(s) to implead the parties related to the
vehicle which was parked on the road. (ii) There is
no justification in granting additional 30%, after
permitting 50% enhancement. (iii) The interest and
dependent charges etc. are on higher side.
6. As far as issue no.(i) is concerned, it was for
the appellant to take steps before the Tribunal to
ensure that the driver, owner and the Insurance
Company of the vehicle concerned are brought on the
party array. Since that stage in any case is over,
it is for the appellant to work out its remedies, if
any, available under law in appropriate proceedings.
As far as additional 30% is concerned, in the
peculiar facts of this case and in the nature of
permanent disability to Respondent No.1, we are not
inclined to interfere with the addition.
7. However, as far as rate of interest is concerned,
we are of the view that the same needs interference,
having regard to the peculiar facts of this case.
The interest is fixed at 8%.
8. With the above observations and directions, the
appeals are disposed of.
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| 9. Pending applications, if any, shall stand<br>disposed of. | |
|---|---|
| 10. There shall be no orders as to costs. | |
| ..........................J. | |
| [KURIAN JOSEPH] | |
| ..........................J. | |
| [MOHAN M. SHANTANAGOUDAR] | |
| NEW DELHI; | |
| FEBRUARY 13, 2018. |
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