SC: Amount actually Due & Payable is to be Awarded despite the Claimants having Sought for a Lesser Amount [Read Judgment]

In, Mona Baghel & Ors. vs Sajjan Singh Yadav & Ors., SC while enhancing the compensation of MV Claim has held that in the matter of compensation, the amount actually due and payable is to be awarded despite the claimants having sought for a lesser amount and the claim petition being valued at a lesser value.

Facts

The Appellants are before this Court assailing the Judgment passed by the High Court of Madhya Pradesh. The said appeal before the High Court was filed by the claimants in Motor Vehicles Claim Case seeking enhancement of the compensation as against the amount awarded by the Motor Accidents Claims Tribunal / The Tribunal, on assessing the evidence available before it, had awarded a sum of Rs.4,99,000/- with 6% interest on the said amount.

Court Observation

The Division Bench of Supreme Court of India while analyzing the issue of whether the High Court was justified in restricting the award of the enhanced amount to Rs. 6,50,000/- though, the amount of compensation determined was Rs. 12,84,600/, observed that;

The law is well settled that in the matter of compensation, the amount actually due and payable is to be awarded despite the claimants having sought for a lesser amount and the claim petition being valued at a lesser value. The same is fortified by the decision of this Court in the Case of Ramla and Others Versus National Insurance Company Limited and Others 2019 2 SCC 192.

Court Judgment

 SC while modifying the Judgment of HC has held that, the Appellants are entitled to the enhanced compensation of Rs. 12,84,600/- with 6% interest, which shall be paid by the Insurance Company by depositing it before the MACT within a period of six weeks from the date of receipt of the copy of this Judgment.

Hence, The Appeal is accordingly, allowed.

Case: Mona Baghel & Ors. vs Sajjan Singh Yadav & Ors.
Citation: CIVIL APPEAL No. OF 2022 arising out of SLP(C) No. 29207/2018

Bench: Hon’ble Justice A.S. Bopanna & Justice Pamidighantam Sri Narasimha

Decided on: 30^th  August, 2022.

Read Judgment @Latestlaws.com

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