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Compensation determined by the Court even if more than claimed can be granted

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The appellants claimed compensation of Rs.38.34 lakhs.  The Motor Accident Claim Tribunal awarded Rs.19,55,250/-.   The High Court held that the claimants are entitled to Rs.28,00,375/-.   However, the High Court confined the additional amount only Rs.4,00,000/- as claimed by the appellants and valued their appeal for the same.

HELD that there is no restriction on the Court to award compensation exceeding the amount claimed by the claimants.   It is the duty of the Tribunal to grant “just, fair and reasonable” compensation in accordance with law.  If the compensation is determined at Rs.28,00,375/-, it cannot be confined to the claimed amount.  Such an excess compensation can be paid on payment of additional court fees.

Order dated 22.7.2024 of the Supreme Court in Civil Appeal No.8053 of 2023 of Kavita Balothiya and others  Vs.  Santosh Kumar and others

 

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