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National Insurance Co.Ltd vs Lakshmi on 20 October, 2010 cites

R.K. Malik & Anr vs Kiran Pal & Ors on 15 May, 2009

On appeal this court enhanced the award relying upon a decision of the Hon'ble Supreme Court reported in R.K.Malik and another Vs. Kiran Pal and others reported in 2009 (1) TN MAC 593 (SC) to Rs.2,50,000/-. As no amounts were awarded towards funeral expenses and loss of love an affection, a sum of Rs.5,000/- towards funeral expenses and a sum of Rs.20,000/- towards loss of love and affection. In total a sum of Rs.2,50,000/- is awarded. Even though the Insurance Company filed the appeal, the award is enhanced from Rs.2,25,000/- to Rs.2,50,000/- invoking Order 41 Rule 33 of CPC.
Supreme Court of India Cites 17 - Cited by 973 - M Sharma - Full Document

Nagappa vs Gurudayal Singh & Ors on 3 December, 2002

The power of the court to enhance the amount even in the absence of appeal/cross appeal by the claimant has been recognized by the Hon'ble Supreme Court in a number of cases including Nagappa vs. Gurudayal Singh reported in 2004 (2) TN MAC 398 (SC) and therefore the award of the Tribunal is enhanced from Rs.2,25,000/- to Rs.2,50,000/-. The interest awarded by the Tribunal at the rate of 7.5 % is confirmed. The sharing of the award amount by the first and second respondents, as given by the Tribunal is confirmed. As stated above applying the principles of pay and recover, the appellant is directed to pay and recover the award amount from the third respondent. Accordingly the appeal is disposed of. No costs. Consequently M.P.No.1 of 2008 and M.P.No.1 of 2009 are closed.
Supreme Court of India Cites 15 - Cited by 1279 - Full Document
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