Lawstreet Journal

MV Act: Court Can Grant Compensation Of Any Amount In Excess To What Has Been Claimed: SC [Read Order]

Lawstreet Journal 25 Nov 2019 4:41pm

Image courtesy: Lawstreet Journal Judiciary MV Act: Court Can Grant Compensation Of Any Amount In Excess To What Has Been Claimed: SC [Read Order]

The Supreme Court on November 13, 2019, in the case of Jabbar v. The Maharashtra State Road Transport Corporation, has observed that the court under the Motor Vehicles Act, 1988, can grant compensation of any amount in excess to that which has been claimed.

A Division Bench comprising of Justices Ashok Bhushan and M.R. Shah was hearing an appeal filed against the judgment and order passed by the High Court wherein it had enhanced the compensation granted to the appellant from Rs.1.50 lac to Rs.2.50 lac.

The appellant was a fruit seller whose right hand was amputated after the accident. In the claim petition, he has claimed that he is entitled for compensation of Rs.9,05,000/- from the respondents. However, due to financial crisis, he was unable to pay court fees on the said amount and thus restricted his claim to the tune of Rs.3,00,000/-. The Tribunal accepted the case setup by the appellant and allowed the claim to Rs.1.50 lacs. 

On appeal, the High Court enhanced the compensation granted to the appellant from Rs.1.50 lac to Rs.2.50 lac. Being unsatisfied with the amount of compensation, the appellant moved the Supreme Court. 

The learned counsel for the appellant submitted before the Supreme Court that the High Court having noticed that the appellant was carrying business of fruits on a hand-cart, the amputation of right hand has made the business of the appellant non-functional. In this view, the amount of Rs.2.5 lacs awarded by the High Court is neither fair nor a just compensation.

Learned counsel for the respondent, on… Continue Reading...


Tagged: Motor Vehicle Act  
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