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2018 Supreme(Del) 2347

J.R.MIDHA
Kismat Singh – Appellant
Versus
Piariya Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. V.K. Diwan and Mr. Lalit Kumar
For the Respondents: Ms. Deepali Gupta

JUDGMENT :

1. The greatest challenge before the judiciary today is frivolous litigation. False claims are a huge strain on the judicial system. In Subrata Roy Sahara v. Union of India, (2014) 8 SCC 470, the Supreme Court observed that the Indian judicial system is grossly afflicted with frivolous litigation and a mechanism needs to be evolved to deter litigants from their compulsive obsession towards senseless and ill-considered claims. Relevant portion of the said judgment is reproduced hereunder :

“191. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims.” (Emphasis supplied)

2. The appellant has challenged the order dated 8th April, 2011 whereby the Commissioner, Employees Compensation awarded a compensation of Rs.3,27,705/- and funeral charges of Rs.2,500/- along with interest @ 12% per annum w.e.f. 30th October, 2004 to the respondents.

3. Respondent No.1 is the mother and respondent No.2 is the son of late Ajay @ Mahavir Mehto (hereinafter referred to as ‘Ajay’) and they filed an application for compensation before the Commissi































































































































































































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