Extracted from the PDF above. The PDF is authoritative.
[227]
Rajendra P
Union of In
Coram :
Present:
PANKAJ J
[1]
the ratio of Devi, 2019
IN THE HIGH COURT OF PU AT CHANDIGAR
FAO-937 Date of De
ndra Prasad
versus n of India
HON’BLE MR. JUSTICE PA
Mr. Ujval Mittal, Advocate for
Mr. Piyush Khanna, Advocate for the respondent-UOI.
*** KAJ JAIN, J. (ORAL)
Counsel for the parties are ad atio of law laid down by Supreme C , 2019 (3) SCC 572, wherein Supreme
“15.4 Accordingly, we concl payable as applicable on the da may be considered reasonable pattern as in accident claim cas less than the amount prescribe the Tribunal, the claimant w two amounts. This order wi have already become fina challenging such awards has itself be a ground for condon OF PUNJAB AND HARYANA IGARH 937-2016 of Decision : 27.02.2025
…Appellant
….Respondent PANKAJ JAIN ate for the appellant. ocate are ad idem that the issue is covered b eme Court in Union of India vs. Rin preme Court observed as under:- conclude that compensation will b the date of the accident with interest a onable from time to time on the sam im cases. If the amount so calculated escribed as on the date of the award o ant will be entitled to higher of th er will not affect the awards whic e final and where limitation fo ds has expired, this order will not b ondonation of delay. Seeming conflic
ered by s. Rina will be terest as ame ulated is ward of r of the s which on for l not by onflict RAJNEESH SHARMA 2025.03.18 10:38 I attest to the accuracy and integrity of this document
FAO-937-
[2]
hereby allo [3]
Thus, com Rules 1990 Devi’s cas Rs.4,00,000 actual reali [4]
27.02.2025 ‘R. Sharma'
-2016
in Rathi Menon (supra) (supra) stands explained ac
judgment in Pratap Narain field on the subject and sq situation. Compensation as accident has to be given with effect to the mandate compensation as provided Tribunal is higher than unre higher of the two amounts ha
The present appeal would be c y allowed in the same terms.
The accident relates to the , compensation payable is as per un s 1990. In terms of ratio of law laid d case (supra), claimant shall b ,00,000/- along with interest @ 9% pe l realization or an amount of Rs.8,00,0
Ordered accordingly.
.2025 Whether speaking/ reasoned Whether reportable
-2- pra) and Kalandi Charan Sanho ed accordingly. The 4-Judge Benc arain Singh Deo (supra) holds th nd squarely applies to the presen on as applicable on the date of th n with reasonable interest and to giv date of beneficial legislation, ided on the date of award of th unrevised amount with interest, th nts has to be given.” ld be covered by the same order and the time prior to 2017 Amendmen per unamended schedule appended laid down by Supreme Court in ‘Rin hall be entitled for an amount o 9% per annum from date of accident ti .8,00,000/- whichever is higher.
(PANKAJ JAIN)
JUDGE
: Yes/No : Yes/No
Sanhoo Bench lds the present of the to give ion, if of the est, the r and is ndment. nded to Rina ount of ident till RAJNEESH SHARMA 2025.03.18 10:38 I attest to the accuracy and integrity of this document