SUDESH JUNEJA Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Leave granted.

(2.) The appellants/claimants are before this Court seeking for enhancement of the compensation as against the sum awarded by the Motor Accidents Claims Tribunal (For short 'MACT'). In respect of the accident which occurred on 15/3/1997, the MACT through its judgment and award dtd. 10/11/1998 had awarded the compensation of Rs.14,50,000.00 with interest @ 12% per annum. The Insurance Company was before the High Court assailing the said award. The appellants no doubt did not file an appeal initially but had however had filed a Cross-Objection in the appeal which had been filed by the Insurance Company. There was however a delay in filing the cross-objection. The High Court through its judgment dtd. 25/10/2017 dismissed the appeal as well as the cross-objection. It is in that light, the appellants are before this Court in this appeal.

(3.) Having heard learned counsel for the parties, though the learned counsel for the Insurance Company contends that the consideration for enhancement would not arise inasmuch the cross objection being dismissed on the ground of the claim for enhancement being made belatedly, we are of the opinion when the 'just compensation' is required to be determined, the technicality in that regard should not come in the way of the appellants.