Supreme CourtFull Bench(2019) 02 SC CK 0373

Assistant General Manager & Ors vs Radhey Shyam Pandey

Supreme Court Of India · Decided on 20 February 2019

HON’BLE JUDGES
A.K. Sikri, J · S. Abdul Nazeer, J · M.R. Shah, J
CASE NUMBER
Civil Appeal No(S). 2287, 2288 Of 2010, 5035, 5037 Of 2012, 10813 Of 2013, 2463 Of 2015, Special Leave Petition (Civil) No. 1864, 1912, 3056, 36937 Of 2017

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Judgment

11 paragraphs · 241 words

S.L.P. (C) No. 3056/2017, S.L.P.(C)..CC No. 1864/2017, S.L.P. (C)..CC No. 1912/2017 and S.L.P.(C) No. 36937/2017:

Delay condoned.

After hearing the arguments of learned counsel for the parties for some time, we are of the firm view that these matters are squarely covered by the judgment of this Court in National Insurance Company Ltd. vs. Kirpal Singh, 2014 (5) SCC 189. We find that the High Courts in the impugned judgment(s) have relied upon the aforesaid judgment only in granting the benefits to the respondents herein.

Mr Sanjay Hegde, learned senior counsel appearing for the petitioners, has endeavoured to argue that the case of Kirpal Singh (supra) needs to be reconsidered. Such an attempt was made earlier also by identically situated Insurance Company, in S.L.P.(C) Diary No. 36005/2017 and was rejected by the Court in the following words:

"Though learned counsel for the petitioner has made a persuasive attempt to re-visit the National Insurance Company Ltd. vs. Kirpal Singh reported in 2014 (5) SCC 189, we are not inclined to consider those contentions as the same are already taken care of in Kirpal Singh (supra).

The special leave petition is, accordingly, dismissed.

Pending application(s), if any, shall also stand disposed of."

We, therefore, do not find any substance in these Special Leave Petitions which are, accordingly, dismissed.

Pending applications, if any, stand disposed of.

C.A. No. 2463/2015, C.A. Nos. 2287-2288/2010, C.A. Nos. 5035-5037/2012 and C.A. No. 10813/2013:

List the matters next week.