UNITED INDIA INSURANCE CO. LTD.versusSUNIL KUMAR & ANR.
- Citation
- 2017 INSC 1143
- Decided
- 1 December 2017
- Disposal
- Heard
Holding
Paragraph II is to be read as directing that the amount lying in deposit in the trial Court be released to the claimant(s) on due identification.
Summary
The appellant United India Insurance Co. Ltd. had earlier ordered that 50% of the compensation deposited in the Registry be released to the claimants upon identification. In the judgment dated 24 November 2017, paragraph II contained that direction. Upon clarification sought by the respondents, the Court read the paragraph to mean that the amount lying in deposit in the trial Court, not the Registry, should be released to the claimants on due identification. The clarification was given to avoid ambiguity in the earlier order. No substantive change to the liability or quantum of compensation was made, and the appeal proceeds as per the original judgment with the clarified direction on release of funds.
Issues considered
- Interpretation of paragraph II of the 24.11.2017 judgment regarding the locus of the deposited compensation to be released to claimants
Legislation cited
- Motor Vehicles Act, 1988s. 163A
Subjects
Judgment
(2017) l l S.C.R. 137
UNITED INDIA INSURANCE CO. LTD. A
v.
SUNIL KUMAR & ANR.
(Civil Appeal No. 9694 of2013)
DECEMBEROl,2017 B
[RANJAN GOGOi AND R. BANUMATHI, JJ.]
Motor Vehicles Act, 1988 - s.163A - Clarification given with
respect to decision dated 24.11.2017 reported in {2017] II S.C.R.
130.
c
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9694
of2013.
From the Judgment and Order dated I 0.10.2011 of the High Court
of Delhi at New Delhi in MAC Appeal No. 900/2011.
Amit Kumar Singh, Mrs. E. Enatoli Serna (for Mis. Law D
Associates), Ad vs. for the Appellant.
Ajay Kumartalesara,Amit Singh Chauhan, Ms. Nidhi. Vipin Nair,
P. B. Suresh, Abbay Pratap Singh, Advs. for the Respondents.
The following Order of the Court was delivered: E
ORDER
Paragraph. I I of the Judgment dated 24.11.2017 passed by this
Court in Civil Appeal No. 9694 of2013 reads as follows:-
"11. As the final disposal of the appeal may take some time,we F
are of the view that 50% of the compensation that is presently .
lying in deposit in the Registry in terms of the Order dated
24.02.2012 should be released to the claimant on due
identification."
Upon a mention being made by the learned counsel for the
respondent(s), the said paragraph will now be read to mean that the G
. amount lying in deposit in the trial Court be released to the claimant(s)
on due identification.
Nidhi Jain Clarification given with respect to ealier decision. H
137
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