REVIEW PETITION 463 of 2019 on 29 December 2023

HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

MAIN CASE No: C.M.A.No. 463 of 2019

PROCEEDING SHEET

Kamukyiu and Others v. Union of India and Others the Hon’ble Apex Court awarded interest from the date of application till the date of realization only and there is no further stage of interest awarded from the date of Award to till realization. In view of the same, there is an error apparent on the face of the record in the order of this Court. Hence, review the C.M.A and modify the order in the interest of justice.

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. However, as per written instructions, it is contended that the amount of compensation as on the date of incident is Rs. 4,00,000/- and interest accrued at 6% thereon would be at Rs. 3,52,600/- i.e till date of judgment and further with accrued interest at 9% i.e till date of actual payment is at Rs. 8,500/-, totaling Rs. 7,61,100/-. However, the review petitioner has sanctioned an amount of Rs. 8,00,000/- and awaiting for respondent/ petitioner details to disburse the same.

7. Considering the submissions of learned counsel for the Review Petitioner, the operative portion of the order passed by this Court dated 29.12.2023 in C.M.A.No.463 of 2019 is modified as under:

“14. 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 12.07.2019 passed in OA/II/U/114 of 2009. The appellants are permitted to claim compensation of Rs.8,00,000/- (Rupees Eight Lakhs Only) from the respondent in equal shares. As far as share of compensation amount of minor 2[nd] petitioner is concerned, the same shall be kept in Fixed Deposit in any Nationalized Bank till she attains majority.

15. With the above direction, the Civil Miscellaneous Appeal is allowed. It is made clear that 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. 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.

Accordingly, the application is allowed. _________ DR.KMR,J KK I.A.No.1 of 2024 This Interlocutary application is filed to modify the share of the 3[rd] petitioner to the petitioner Nos.1 and 2. 2. Heard both sides. 3. Learned counsel for the petitioner submits that the 3[rd] petitioner in the main C.M.A. expired on 24.02.2023 and hence, requests this Court to part the share of the 3[rd] petitioner to the petitioner Nos.1 and 2 herein. 4. Perused the record. 5. Considering the submissions of learned counsel for the Petitioner, this I.A. is allowed and the petitioner Nos.1 and 2 are permitted to withdraw the share of the 3[rd] petitioner from the respondent. Accordingly, the application is allowed. _________ DR.KMR,J BMS