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2019 DIGILAW 1404 (BOM)

Girija v. Kamalnayan Kaur

2019-06-18

M.G.GIRATKAR

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JUDGMENT : M.G. Giratkar, J. 1. Heard learned Advocates for the parties. 2. Admit. 3. Learned Advocate Ms. Pathade for the appellants has pointed out judgment of Motor Accident Claims Tribunal, Nagpur and submitted that in paragraph no. 32 of the judgment itself, it is held that the claimants are entitled for compensation of Rs. 4,87,060/- but restricted their claim to Rs. 1,00,000/-, therefore, granted only Rs. 1,00,000/-. It appears that the claimants were not having sufficient money to pay the Court fees and their claim was restricted to Rs. 1,00,000/-. Hon'ble Apex Court in the case of Sonabanu Nazirbhai Mirza and others Vs. Ahmedabad Municipal Transport Service, (2013) ACJ 2733 has held that the Tribunal after calculating the amount of compensation has to grant just and reasonable compensation to the claimants and the if Tribunal comes to the conclusion that claimants are entitled for more compensation, then also, Tribunal can award more compensation subject to payment of deficit Court fee. 4. Shri Sambaray, learned Advocate for the respondent no. 1 has supported the impugned judgment. 5. Shri Anthony, learned Advocate for the respondent no. 2 has strongly supported the impugned judgment of Tribunal and submitted that if the appeal is allowed, then the appellant shall not be entitled to any interest on amount. 6. Now, it is well settled law that the claimants can restrict their claim up to some amount and pay Court Fee on that amount. After recording the evidence, if the Tribunal comes to the conclusion that claimants are entitled for more compensation, then Tribunal can award more compensation subject to depositing deficit Court Fee. This aspect has not kept in mind by the Tribunal while recording its findings in paragraph no. 32 of the impugned judgment. Hence, impugned judgment in Claim Petition No. 207/2006 is liable to be quashed and set aside. In that view of the matter, appeal is allowed with no order as to costs. 7. The claimants are entitled for compensation of Rs. 4,87,060/-. The appellant is directed to pay deficit Court Fees before the Motor Accident Claims Tribunal, Nagpur. 8. The respondent nos. 1 and 2 jointly and severally shall pay amount of compensation to the appellants/claimants along with interest at the rate of 7.5% per annum from the date of petition till the realization of the amount. 9. The amount of Rs. The appellant is directed to pay deficit Court Fees before the Motor Accident Claims Tribunal, Nagpur. 8. The respondent nos. 1 and 2 jointly and severally shall pay amount of compensation to the appellants/claimants along with interest at the rate of 7.5% per annum from the date of petition till the realization of the amount. 9. The amount of Rs. 1,00,000/- paid by respondents is to be deducted from the amount of compensation of Rs. 4,87,060/-.