Accident Compensation – Duty of the Court to award just compensation even if less valuation is made by the claimant
On 6.12.2013, the motor cycle of the appellant – claimant, working as primary school teacher, was given dash by the offending vehicle. He was treated in the hospital from 7.12.2013 to 22.12.2013, underwent surgery and a nail was inserted in his right leg.
Considering the permanent disability at 10%, the Tribunal granted compensation of Rs.6,17,515/- as against the insurance claim of Rs.15,00,000/-.
In appeal for enhancement, the claimant agreed and the High Court granted additional consolidated amount of Rs.60,000/-
In that context, relying on the earlier decision in Meena Devi case, the Surpeme Court held that it is the duty of the Tribunal / Court to award just compensation and any less valuation made in the claim petition would not be impediment to award compensation exceeding the claimed amount.
After calculating the enhanced compensation under heads given in para 10 of the Order, the Supreme Court granted compensation of Rs.17,82,825/-.
Order dated 7.2.2025 of the Supreme Court in Civil Appeal No.2204 of 2025 of Hare Krushna Mahanta Vs. Himadari Sahu and another
