LAWS(SC)-2013-7-177

SATISHBHAI GANGARAMBHAI BHOYE Vs. GITABEN MANILAL PATEL

Decided On July 30, 2013
SATISHBHAI GANGARAMBHAI BHOYE Appellant
V/S
GITABEN MANILAL PATEL Respondents

JUDGEMENT

(1.) 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.) 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.