UMAPATHY Vs. D.M., NEW INDIA INSURANCE CO.LTD.

Tags Compensation

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 194 of 2010, Judgment Date: Jan 12, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                    CIVIL APPELLATE JURISDICTION

                         CIVIL APPEAL NO.194 OF 2016
                (Arising out of SLP(C)No.23838 of 2010)


    UMAPATHY                                                ... APPELLANT(S)

                                 VS.

    D.M., NEW INDIA INSURANCE CO.LTD.                      ... RESPONDENT(S)



                     J U D G M E N T



ANIL R.  DAVE, J.


1.    Leave granted.
2.    Heard the learned counsel appearing for the parties.
3.    Looking at the facts of the case, in our view, the  High  Court  ought
not to have reduced the compensation  payable  to  the  appellant,  an  auto
rickshaw driver, who had suffered injury in  an  accident,  especially  when
the damage had been caused to his eyes.
4.    In the aforesaid circumstances, we set  aside  the  impugned  judgment
delivered by the High Court and restore the  order  passed  by  the  Workmen
Compensation Commissioner.
5.    However, the rate of interest would be 7.5%, which,  in  our  opinion,
the High Court has rightly reduced.


6.    The  appeal  is  disposed  of  as  allowed  with  no  costs.   Pending
application, if any, stands disposed of.


                                                            ..............J.
                                                              [ANIL R. DAVE]


                                                            ..............J.
                                                         [ADARSH KUMAR GOEL]
New Delhi;
12th January, 2016.

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