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Showing contexts for: Docket explosion in Sh. Daya Arora And Ors. vs Sh. Kapur Singh And Anr. on 5 September, 2005Matching Fragments
11. Learned counsel for the appellants, Sh.S.C. Dhanda, Advocate urged that the reality of life is that even as of August, 2005, parents of the deceased are alive. Counsel urged that appellants have lived for more than 20 years after the unfortunate demise of their son. It was urged that this reality stares the court in its eyes and is no longer in the realm of speculation.
12. Law has to determine compensation taking into account the facts before the court as they exist when claim is filed. But for docket explosion in courts, it would normally be expected that MACT claims get decided within 2 to 3 years. Would it be open to a party to seek review on ground of subsequent facts after the claim has been decided by bringing to the notice of the court after 20 years that the claimants have survived beyond what was estimated by the court when award was pronounced? After an award is pronounced and compensation disbursed, claimants die an unexpected death. Would it be open to the insurance company to seek a review by bringing to the notice of the court that the claimants died an unexpected death after receiving the compensation and therefore recovery be effected from their estate?