Andhra Pradesh High Court - Amravati
V.Rama Rao vs Union Of India on 15 November, 2024
HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI
MAIN CASE No: C.M.A.No.13 of 2022
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
15.11.2024 DR.KMR,J
I.A.No.1 of 2024
This application is filed to condone the delay of
207 days in filing the Review Petition in CMA No.13 of
2022.
Heard.
Considering the submissions and for the
reasons stated in the accompanying affidavit filed in
support of this application, the delay of 207 days in
filing the Review Petition is condoned.
Accordingly, I.A.No.1 of 2024 is allowed.
_________
DR.KMR,J
I.A.No.3 of 2024
Dispensed with.
_________
DR.KMR,J
I.A.No.2 of 2024
The application is filed to review the order
dated 21.12.2023 passed in the C.M.A No.13 of 2022.
2. Heard Mr. Venna Hemanth Kumar, learned
counsel for the review petitioner and Ms.Geetha
Madhuri N.S, learned counsel for the respondent/
petitioners.
3. Learned counsel for the review petitioner
would contend that the compensation is payable as
applicable on the date of the incident with interest. In
the instant case, the date of incident is on
29.04.2012. As such, the compensation should be as
per the prescribed compensation as on the date of
accident i.e Rs. 4,00,000/- along with reasonable rate
of interest as per decision of the Hon'ble Apex Court
in Union of India v. Rina Devi (2019) 3 SCC 572.
Therefore, the appellants/ claimants are entitled to
compensation of Rs. 7,77,663/- (taking base amount
of compensation of Rs. 4,00,000/- with interest at 9%
p.a), which the appellants/ claimants are entitled to.
However, the claimants are entitled to compensation
of Rs. 8,00,000/- as per enhanced amount without
any interest thereupon.
4. Perused the Judgment.
5. Learned counsel for the Review Petitioner
placed on record the common order passed in
I.A.No.1 of 2022 and I.A.No.2 of 2023 in
C.M.A.No.1074 of 2018, wherein this Court at Para 8
held as follows:
" However, in a subsequent Judgment referred above,
the Hon'ble Apex Court while considering the payment of interest
and payment of enhanced compensation, was pleased to
observe that:
In case of death in an accident which occurred before
amendment, the basic figure would be Rs. 4,00,000/-. If after
applying reasonable rate of interest, the final figure were to be
less than Rs. 8,00,000/-, which was brought in by way of
amendment, the claim would be entitled to Rs. 8,00,000/-. If
however, the amount of original compensation with rate of
interest were to exceed the sum of Rs. 8,00,000/-, the
compensation would be in terms of figure in excess of Rs.
8,00,000/-. The idea is to afford the benefit of the amendment to
the extent possible".
6. No doubt, there is an error crept with regard
to amount awarded by this Court and also interest
part in the Judgment inadvertently. Therefore, the
claimants/ petitioners are entitled to compensation of
Rs. 8,00,000/- without any interest thereupon.
7. Considering the submissions of learned
counsel for the Review Petitioner, the operative
portion of the order passed by this Court dated
21.12.2023 in C.M.A.No.13 of 2022 is modified as
under:
"16. Following the decisions cited supra, this
Court is inclined to allow the Civil Miscellaneous
Appeal, while setting aside the impugned judgment
passed by the learned Tribunal dated 23.09.2020
passed in OA/II/U/271 of 2012. The claimants/
petitioners are permitted to claim compensation of Rs.
8,00,000/- (Rupees eight lakhs Only) from the
respondent in equal shares without furnishing any
security.
17. With the above direction, the Civil
Miscellaneous Appeal is allowed. The respondent is
directed to deposit an amount of Rs. 8,00,000/-
(Rupees eight lakhs Only), within two (02) months
from the date of receipt of a copy of this order. On
such deposit, the appellants are permitted to withdraw
the deposited amount, as per their shares in terms of
the award, without furnishing any security. There shall
be no order as to costs".
8. Registry is directed to make necessary
corrections in the said order and issue revised/
amended copy of the order to the learned counsels.
9. Accordingly, the application is allowed.
_________
DR.KMR,J
Gvl
