RUKMANI DEVI Vs. OM PRAKASH
LAWS(SC)-1990-11-99
SUPREME COURT OF INDIA
Decided on November 27,1990

Rukmani Devi And Others Appellant
VERSUS
Om Prakash And Others Respondents


Cited Judgements :-

BULLAN VS. JASMER KAUR [LAWS(DLH)-1996-7-100] [REFERRED]
ORISSA COOP INSURANCE SOCIETY LIMITED VS. SANTOSH GUPTA [LAWS(DLH)-1997-7-14] [REFERRED]
LADO DEVI ORS VS. SATVIR SHARMA [LAWS(DLH)-1998-4-56] [REFERRED]
MEENA DEVI VS. RAMESH KUMAR [LAWS(DLH)-1998-5-62] [REFERRED]
SHAKUNTALA GARG VS. MEGH RAJ [LAWS(DLH)-2000-2-36] [REFERRED]
K RAMALINGAM VS. G KALAVATI [LAWS(APH)-1996-9-120] [REFERRED TO]
SHANTI DEVI CHOUHAN VS. RAMJIVAN AGRAWAL [LAWS(MPH)-1997-9-48] [REFERRED TO]
B PARIMALA VS. RIYAZ AHMED [LAWS(KAR)-2000-7-5] [REFERRED TO]
MAYA DEVI VS. MRS DHANLAKSHMI PROPRIETOR OF NAMAKKAL SOUTH INDIA TRANSPORT SALEM ROAD NAMAKKAL [LAWS(MAD)-1996-3-141] [REFERRED TO]
ASHOK PUNJABRAO CHINCHOLKAR VS. MADHUKAR NAGORAO SAMBARE [LAWS(BOM)-2003-12-42] [REFERRED TO]
LEELA OHRI VS. PUNJAB STATE ELECTRICITY BOARD [LAWS(P&H)-1993-4-30] [REFERRED TO]
DHAN RAJ VS. SABIR [LAWS(P&H)-1993-7-79] [REFERRED TO]
STATE OF RAJASTHAN VS. BHOOLI [LAWS(RAJ)-1994-11-6] [REFERRED TO]
NATIONAL INSSURANCE CO LTD VS. RAVI KANT [LAWS(RAJ)-2004-5-35] [REFERRED TO]
ARVINDBHAI NARSINHBHAI PATEL VS. SHARDABEHN AMARSING THAKORE [LAWS(GJH)-1991-9-10] [REFERRED]
ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LIMITED VS. AMARSING PRATAPSING SIKLIKER [LAWS(GJH)-1992-10-15] [REFERRED TO]
RASHIDA MOHMEDALI ISAP VS. RASIKLAL MANILAL RAVAL [LAWS(GJH)-1992-10-13] [RELYING ON]
MANUBHAI PUNAMCHAND UPADHYAY VS. INDIAN RAILWAYS NEW DELHI [LAWS(GJH)-1995-9-11] [REFERRED TO]
SHAMA KAUR VS. DELHI TRANPORT CORPORATION [LAWS(DLH)-2008-5-221] [REFERRED TO]
ANGOORI DEVI VS. MEGH RAJ [LAWS(DLH)-2001-2-64] [REFERRED 5.]
PALLAVAN TRANS CORPN VS. SASROJ GOYAL [LAWS(MAD)-2001-1-60] [REFERRED TO]
BALJIT VERMA VS. MADAN LAL [LAWS(P&H)-1994-1-77] [REFERRED TO]
NARENDRA KUMAR VS. RAM PRASAD SHARMA [LAWS(RAJ)-1992-11-28] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. DAMA RAM [LAWS(RAJ)-1993-11-36] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. MOHANLAL [LAWS(RAJ)-2008-4-103] [REFERRED TO]
MEENA DEVI VS. RAMESH KUMAR [LAWS(DLH)-1998-5-120] [REFERRED TO]
LADO DEVI VS. SATVIR SHARMA [LAWS(DLH)-1998-4-91] [REFERRED TO]
ISHPAL SINGH PARAMJIT SINGH VS. SIMLA DEVI [LAWS(P&H)-1993-4-80] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD VS. KAMALABAI [LAWS(BOM)-1993-4-89] [REFERRED TO]
BHULLAN VS. JASMER KAUR [LAWS(DLH)-1996-7-135] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. VS. SUKHA DEVI [LAWS(HPH)-1995-3-2] [REFERRED TO]
NITADEVI AND ORS. VS. NATIONAL INSURANCE COMPANY LIMITED AND ORS. [LAWS(BOM)-2015-4-119] [REFERRED TO]
ECONOMIC TRANSPORT ORGANIZATION VS. KENA PANKAJ PATEL [LAWS(GJH)-2015-6-37] [REFERRED TO]


JUDGEMENT

- (1.)Virender Kumar husband of appellant rukmani Devi died in bus accident on June 14,1970. Apart from the widow he left behind three children aged 9 years, 6 years and 3 years. Rs. 1,25,000. 00 only was claimed as compensation which was awarded by the learned Second Additional District Judge, muzaffarnagar acting as Motor Accidents claims Tribunal. On appeal the High Court observed that even after the death of Virender kumar his partnership business is continued by the family members, having Avinash kumar son of the deceased as partner of the firm. The High Court found that the partnership business is being carried on and the claimants are deriving benefit from that business and they have not been put to any pecuniary loss. On that reasoning the high Court reduced the compensation from rs. 1,25,000. 00 to Rs. 48,600. 00. We do not agree with the High Court. There is no jurisdiction whatsoever to reduce the compensation. We accept the appeal with costs, set aside the order of the High Court and restore the order of the Tribunal in to and affirm the award of Rs. 1,25,000. 00 as compensation to the appellants. The balance of the amount, if part of the amount has already been paid, shall be paid to the widow within four weeks from today.
(2.)The additional amount allowed in this appeal be paid by the New India Assurance co. Ltd. to the appellants with interest at the rate of 15 per cent from the date of the petition filed before the Tribunal. We quantify the costs as Rs. 3,000. 00.
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