SUNILP. SURYAVANSHI Vs. HERMINIA DCOSTA

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act is by the claimant who seeks enhancement. Total claim before Motor Accident Claims Tribunal (M.A.C.T) was about Rs.4.00 lakhs and by the impugned Judgment and Award dated 11/8/2008 delivered in Claim Petition No.87/2006, M.A.C.T has awarded compensation of Rs.62,455/ - only in addition to amount already received by the appellant under section 140 of M.V. Act.

(2.) THE claimant has filed M.C.A. No.977 of 2009 stating thereon that certain documents already on record before M.A.C.T inadvertently remained to be exhibited. Those documents are also filed along with said application. This Court has vide its order dated 15/1/2010 directed that said application shall be considered at the time of final disposal of the appeal.

(3.) HE submits that though a claimant may plead and claim amount of compensation as per advise received by him, it is for the Court of law sitting in welfare jurisdiction to consider all relevant aspects to work out a just and proper figure thereof. He submits that as this exercise has not been undertaken by M.A.C.T., the impugned judgment and award cannot be sustained. He also wants to rely upon various judgments to show to this Court how in similar matters, the law Court have approached the situation.