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2017 Supreme(Bom) 788

G.S.PATEL
United India Insurance Co. Ltd. – Appellant
Versus
Rajani Suresh Bhore – Respondent


Advocates Appeared:
For the Appellant : Mr. Ketan Joshi.
For the Respondent: Mr. Swapnil Waradkar.
For the Amicus Curiae : Mr. D.S. Joshi.

JUDGMENT :

G.S. PATEL, J.

1. At my request, Mr. D.S. Joshi has rendered assistance as amicus. The matter raises a question of some importance, one that frequently arises in First Appeals under the Motor Vehicles Act, 1988 (“the MV Act”). Shortly put, the question is this: when an opponent to the original claim appeals, questioning the quantum of compensation awarded, absent either an appeal for enhancement or cross-objections by the original claimant, can an appellate court directly order enhancement of the compensation? If the mandate under the MV Act is to award compensation that is ‘just’ can this be done as a matter of course without the appellate court having before it a claimant’s substantive appeal (or cross-objections) seeking enhancement? Mr. Ketan Joshi for the present appellant say this cannot be done. The claimant must prefer a substantive appeal or at least file cross-objections. Mr. Waradkar for 1st Respondent — the original claimant before the Motor Accident Claims Tribunal, Satara — would have it that it is always within the power of the appellate court to rende





































































































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