Jitendra Khimshankar Trivedi & Ors vs Kasam Daud Kumbhar & Ors on 3 February, 2015
12. In each of these four appeals, cross-objection has been filed
only by the owner of the offending vehicle and that too on the point of
need for imposition of liability also upon the insurance company. This
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J-fa357.16,718.06,727.06&729.06.odt 15/21
objection has been rejected already by this Court. The claimants,
however, have not filed any cross-objection in order to seek enhancement
in compensation. But, as held by the Hon'ble Apex Court in the case of
Jitendra Khimshankar Trivedi and others vs. Kasam Daud Kumbhar
and others, reported in 2015(1) T.A.C. 673(S.C.), the mandate of
Section 168 of the Motor Vehicles Act being to "pass awards determining
the amount of compensation as to be fair and reasonable and accepted by
the legal standards." notwithstanding no appeal or cross-objection
having been filed by claimants, "it is obligatory on the part of
Courts/Tribunals to award just and reasonable compensation." I am,
therefore, of the view that learned counsel for the claimants in all four
cases can be heard on the question of grant of just and fair compensation
even if it means granting enhanced compensation without filing of
appeal or cross-objection and accordingly, the hearing has been granted
not only to the claimants, but also to the insurance company and the
owner of the offending vehicle.