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2013 DIGILAW 719 (SC)

Satishbhai Gangarambhai Bhoye v. Gitaben Manilal Patel

2013-07-03

DIPAK MISRA, H.L.DATTU

body2013
ORDER : Leave granted. 2. This appeal, by special leave, is directed against the judgment and order passed by the High Court of Gujarat at Ahmedabad in First Appeal No. 358 of 2012, dated 14.02.2012. By the impugned judgment and order, the High Court had enhanced the compensation awarded by the Motor Accident Claims Tribunal (Auxiliary) Navsari Camp at Ahwa ('the Tribunal", for short) from Rs.44,500/- to Rs.54,500/- though the original compensation sought by the claimants was Rs.3,00,000/-. 3. We have heard learned counsel for the parties to the lis. 4. In the peculiar facts and circumstances of the case, we are of the opinion that the Tribunal as well as the High Court ought to have awarded a compensation of Rs.1,80,000/- from the date of filing of the application by the claimants before the Tribunal. Since that has not been done, we are not inclined to accept the compensation awarded by the courts below. 5. In that view of the matter, while allowing this appeal, we enhance the compensation awarded by the Tribunal and the High Court from Rs.44,500/- and Rs.54,500/- respectively to Rs.1,80,000/- with interest at the rate of 7.5 per cent from the date of filing of the application before the Tribunal. 6. The respondent-insurance company is directed to pay the aforesaid amount of compensation within a month's time from today. Ordered accordingly.