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NITIN B. SURYAWANSHI
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Nabhabai Gorakh Gaikwad – Respondent
JUDGMENT :
NITIN B. SURYAWANSHI, J.
1. Heard.
2. Admit. Taken up for final hearing with the consent of parties.
3. This appeal filed under Section 173 of Motor Vehicles Act, challenges judgment and award dated 28.11.2016 passed by learned Member, Motor Accident Claims Tribunal, Dhule, in M.A.C.P. No. 543 of 2012.
4. Facts leading to this first appeal, in brief, can be stated thus:
5. Opponent Nos. 1 and 2/Driver and owner of offending vehicle did not appear in the Tri
The appellate court can enhance compensation under the Motor Vehicles Act even without a cross-appeal from claimants, ensuring just compensation based on evidence.
The main legal point established in the judgment is the Court's duty to award just compensation under the Motor Vehicles Act, taking into account recent legal developments and the power of the Court ....
In appeals concerning compensation claims, parties seeking enhancement must file cross-objections; failure to do so limits the appellate court's scope for adjustment.
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