GIRIJA Vs. KAMALNAYAN KAUR

JUDGEMENT

(1.) Heard learned Advocates for the parties.

(2.) Admit.

(3.) Learned Advocate Ms. Pathade for the appellants has pointed out judgment of Motor Accident Claims Tribunal, Nagpur and submitted that in paragraph no. 32 of the judgment itself, it is held that the claimants are entitled for compensation of Rs. 4,87,060.00 but restricted their claim to Rs. 1,00,000.00, therefore, granted only Rs. 1,00,000.00. It appears that the claimants were not having sufficient money to pay the Court fees and their claim was restricted to Rs. 1,00,000.00. Honourable Apex Court in the case of Sonabanu Nazirbhai Mirza and others Vs. Ahmedabad Municipal Transport Service, 2013 ACJ 2733 has held that the Tribunal after calculating the amount of compensation has to grant just and reasonable compensation to the claimants and the if Tribunal comes to the conclusion that claimants are entitled for more compensation, then also, Tribunal can award more compensation subject to payment of deficit Court fee.