Whether motor accident claim tribunal can grant more compensation than claimed by claimant?
Tribunal has held that the claimants are entitled to
compensation of Rs.8,49,000/, but, has further held that the
claimants have restricted their claim in the claim petition to
Rs.5,00,000/ and hence, the claimants cannot be granted
the compensation more than Rs.5,00,000/.
6] In para (B) of the claim petition filed before the
Tribunal, the averments are made as under
(B) It is submitted that the deceased could have easily
earned more than 1 crore and he could have easily
lived up to 80 years. The claimants are unable to
make expenses for the huge amount and so for time
being, they restricts his claim to rupees 5 lakhs u/s
166 of M.V.Act. But they undertakes, to pay the
difference of Court fees, if the Hon'ble Tribunal
grants enhanced compensation than claimed.
It is not disputed that in view of the decision of the Apex
Court in the case of Nagappa vrs. Gurdayal Singh, reported
in (2003) 2 SCC 274, there would be no restriction that
compensation could be awarded only up to the amount
claimed by the claimants. In an appropriate case, where from
the evidence brought on record if the Tribunal/court considers
that the claimant is entitled to get more compensation than
claimed, the Tribunal may pass such award. The proposition
of law is not disputed and hence, the claimants would be
entitled to compensation of Rs.8,49,000/ as has been found
by the Tribunal and the claimants will have to pay the deficit
court fees thereupon.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO. 344 OF 2015
Gopalrao Punjaji Gayki,
...VERSUS...
Gopal s/o Dnyandeo Wakode,
CORAM: R. K. DESHPANDE, J.
DATE : 14thJanuary, 2016 .
Citation;2016(1) ALLMR386
https://www.lawweb.in/2016/04/whether-motor-accident-claim-tribunal.html
