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2017 Supreme(Mad) 4192

N.KIRUBAKARAN
Royal Sundaram Alliance Insurance Company Limited – Appellant
Versus
Vasanthapurani – Respondent


Advocates Appeared:
For the Appellant :Mr. M. Jerin Mathew for Mr. M.E. Ilango, Advocates

JUDGMENT :

N. Kirubakaran, J.

Compliance of principles of natural justice is necessary and it is a basic principle. Whether non-issuance of notice before enhancing the compensation to the opposite side, is necessary? Certainly, not. Only when non-compliance of principles of natural justice causes prejudice or violates the rights of the opposite party, the entire proceedings are vitiated. Whereas when the opposite party is going to be benefited by an order, there is no necessity to issue notice to the said party.

2. To put it otherwise, benefit could be given even ex parte in the absence of the opposite party in the proceedings, especially, in claims regarding the Motor Vehicles Act, 1988, when the proceedings are brought before this Court by Insurance Companies/Transport Corporation. Similarly, while dismissing the appeal filed by the Insurance Companies/Transport Corporation, etc., this Court has got power and jurisdiction to enhance the compensation by re-appreciating the evidence on record when the Tribunal did not award just compensation to the victims of the road traffic acci











































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