ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Vs. VASANTHAPURANI

JUDGEMENT

(1.) Compliance of principles of natural justice is necessary and it is a basic principle. Whether non-issuance of notice before enhancing the compensation to the opposite side, is necessary? Certainly, not. Only when non-compliance of principles of natural justice causes prejudice or violates the rights of the opposite party, the entire proceedings are vitiated. Whereas when the opposite party is going to be benefited by an order, there is no necessity to issue notice to the said party.

(2.) To put it otherwise, benefit could be given even ex parte in the absence of the opposite party in the proceedings, especially, in claims regarding the Motor Vehicles Act, 1988, when the proceedings are brought before this Court by Insurance Companies/Transport Corporation. Similarly, while dismissing the appeal filed by the Insurance Companies/Transport Corporation, etc., this Court has got power and jurisdiction to enhance the compensation by re-appreciating the evidence on record when the Tribunal did not award just compensation to the victims of the road traffic accidents.

(3.) Here is one such case, wherein the appellant-Insurance Company is aggrieved over fixing the liability on the appellant Insurance Company and awarding of Rs. 7,13,000.00 (Rupees Seven Lakhs and Thirteen Thousand only) for the death of one Vellaichamy, aged about 31 years, an L.I.C. Agent, allegedly earning about Rs. 20,000.00 (Rupees Twenty Thousand only), in the accident occurred on 13.07.2010, when he was riding his two wheeler which was allegedly hit behind by Eicher Van owned by the sixth respondent and insured with the appellant-Insurance Company.