MUNICIPAL CORPORATION OF GREATER BOMBAY Vs. KISAN GANGARAM HIRE
SUPREME COURT OF INDIA
MUNICIPAL CORPORATION OF GREATER BOMBAY
Kisan Gangaram Hire
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(1.)ONE Shantaram Kisan Hire, aged 36 years, died in a motor accident on 12-1-1980 by the vehicle owned by the appellant herein. The dependants of the deceased claimed
compensation before the Motor Accidents Claims Tribunal. However, in the petition the
claimants claimed compensation to the extent of Rs 75,000. However, the Tribunal, on
the basis of evidence on record, found that a sum of Rs 1,05,000 would be just and
reasonable compensation and, accordingly, awarded a sum of Rs 1,05,000 along with
six per cent interest towards compensation. Aggrieved, an appeal was filed by the
appellant before the High Court. The High Court, by the judgment under challenge,
dismissed the appeal. It is against the said judgment, the appellant is in appeal before
(2.)LEARNED counsel urged that once the claimants claimed only a sum of Rs 75,000 as compensation, they were not entitled to any amount over and above the said sum and
as such the Tribunal committed a manifest error in awarding higher amount as
compensation. We do not find any merit in the contention. Under S.110 - B of the Motor
Vehicles Act, 1939, it is within the province of the Tribunal to award compensation,
which is just. In the present case, the Tribunal has found that a sum of Rs 1,05,000 was
just compensation and the same was affirmed by the High Court. We, therefore, do not
find any merit in the appeal.
The appeal is dismissed. Since none appears on behalf of the respondents, there shall be no order as to costs.
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