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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH KOLHAPUR
M.M.SATHAYE
National Insurance Co. Ltd. – Appellant
Versus
Shobha Pandurang Dabhole – Respondent
| Table of Content |
|---|
| 1. motor accident death claim under mv act s.166. (Para 1 , 2 , 3) |
| 2. dispute on deceased's income proof from bank deposits. (Para 4 , 5) |
| 3. tribunal income rs.15,000/- upheld by bank evidence. (Para 6 , 7 , 8 , 9) |
| 4. consortium rs.40,000 each; 10% prospects self-employed. (Para 10 , 11) |
| 5. enhancement permissible without claimants' cross-objection. (Para 12 , 13 , 14 , 15 , 16) |
| 6. interest on enhanced amount from judgment due to delay. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 7. appeal dismissed; quantified compensation with interest. (Para 24 , 25 , 26 , 27 , 28) |
JUDGMENT :
M.M. SATHAYE, J.
1. Admit. In view of narrow controversy involved, the appeal is taken up for final disposal with consent of learned counsel for the parties.
2. The appeal is filed by the Insurance Company challenging Judgment and Award dated 12.02.2021 passed in Motor Accident Claim Petition No. 88/2014 by Member of Motor Accident Claims Tribunal, Islampur, District Sangli. Under the said impugned Judgment and Award, the Appellant-Insurance Company along with owner and driver of the offending vehicle, has been directed to pay jointly and severally an amount of Rs.13,90,000/- inclusive no-fault liability
In motor accident claims, appellate court may enhance compensation without claimants' cross-objection for justness; however, interest on enhanced portion from judgment date if claimants delayed filin....
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 court reaffirmed the principle of just compensation, allowing enhancement beyond the claimed amount, emphasizing the duty to assess fair compensation under the Motor Vehicles Act.
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