KUNIBALA SAHOO Vs. JAGAMOHAN MAJHI

JUDGEMENT

(1.) These two appeals arise out of an award dated 09.07.2009 passed by the 2nd M.A.C.T., Cuttack in Misc. Case No. 505 of 1998. MACA No. 848 of 2009 has been filed by the claimant-Appellants for enhancement of the compensation whereas MACA No. 1133 of 2009 has been filed by the insurer-M/s. Oriental Insurance Company Ltd. for grant of right to make recovery of the awarded amount from the owner of the vehicle. Since the facts and law involved in these appeals are one and the same, both the appeals are heard together and disposed of by this common judgment.

(2.) The facts and circumstances giving rise to the present appeal are that the deceased Surendra Kumar Sahoo died in a vehicular accident which took place on 15.12.1997. The claimants (Appellants in MACA No. 848 of 2009) filed a claim petition before the 2nd M.A.C.T., Cuttack (for short, 'Tribunal') claiming compensation of Rs. 2,00,000/-(Rupees two lakhs). After hearing the learned Counsel for the parties, the Tribunal came to the conclusion that the claimants are entitled to compensation of Rs. 2,44,800/-(Rupees two lakhs forty-four thousand eight hundred) excluding funeral expenses and loss of consortium. However, the Tribunal limited the said compensation to Rs. 2,00,000/-on the ground that in the claim petition the claimants had made a claim only to the tune of Rs. 2,00,000/-. Hence, the present appeal.

(3.) Mr. B. Sahoo, learned Counsel appearing on behalf of the Appellants (in MACA No. 848 of 2009) submits that under Section 168 of the Motor Vehicles Act, 1988, the Tribunal is required to determine the just compensation payable to the claimants irrespective of the amount of compensation claimed by the claimants. It is further submitted that once the Tribunal comes to the conclusion that the amount of just compensation is Rs. 2,44,800/-, it should not have limited the same to Rs. 2,00,000/-. In support of his contention he relied upon the judgment of the apex Court in Nagappa v. Gurudayal Singh and Ors., 2003 AIR(SC) 674 and this Court in Mulla Md. Abdul Wahid v. Abdul Rahim and Anr.,1993 76 CLT 605.