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1 - 6 of 6 (0.74 seconds)The Motor Vehicles Act, 1988
Shri Ram General Insurance Co. Ltd. vs Bhagat Singh Rawat on 27 March, 2023
9. It has been argued on behalf of the appellants that
consortium granted to the appellants is on the lower side as each of the
claimants was entitled to consortium of Rs.1 lakh each. I find the said
argument to be misplaced. As per recent judgments of the Hon'ble
"Shri Ram General Insurance Co. Ltd. Vs. Bhagat Singh
Supreme Court in "Shri
Rawat & Others"
Mehmooda Bee vs National Insurance Company Ltd. on 15 September, 2022
Others Civil Appeal Nos.2410-2412/2023
2412/2023 and "Mehmooda Bee
& Others Vs. National Insurance Co. Ltd." (@ SLP (C) No.16767 of 2022)
Bebi Giri Vs. National Insurance Co. Ltd.
and "Bebi Ltd." Civil Appeal No.6551 of
2022, a total sum of Rs.77,000/-
Bebi Giri vs National Insurance Company Ltd. on 6 September, 2022
Others Civil Appeal Nos.2410-2412/2023
2412/2023 and "Mehmooda Bee
& Others Vs. National Insurance Co. Ltd." (@ SLP (C) No.16767 of 2022)
Bebi Giri Vs. National Insurance Co. Ltd.
and "Bebi Ltd." Civil Appeal No.6551 of
2022, a total sum of Rs.77,000/-
Divisional Controller K.S.R.T.C. vs Bommanna Shetty @ Saritha B. Shetty . on 11 July, 2016
10. From the above facts, it is clear that a very just and fair
compensation has been awarded to the appellant. Nothing whatsoever
has been shown to this Court that would merit enhancement of the
compensation granted to the appellant. Accordingly, in view of the
discussion above, I find no case is made out which merits interference
with the impugned Award. I find the compensation awarded to the
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Neutral Citation No:=2025:PHHC:009185
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appellant to be just and fair in the facts and circumstances of the case. No
doubt Chapter-12
Chapter of the Act is a beneficial
al legislation yet, as cautioned by
the Hon'ble Supreme Court, the same cannot be allowed to be treated as
a windfall or a source of profit. Hon'ble Supreme Court in ''State of
Haryana Vs. Jasbir Kaur' Law Finder Doc ID # 64043 and 'Divisional
Controller K.S.R.T.C.
K.S.R.T.C. Vs. Mahadev Shetty', (2003) 7 SCC 197, has held
that the amount of compensation should be just and reasonable, it should
neither be a bonanza nor a source of profit but at the same time it should
not be a pittance. Thus, all that has to be determi
determined in the facts of a
given case is, that the compensation accorded is 'just'. In my considered
view, in the present case, the learned Tribunal has awarded a very 'just'
compensation, which is in accordance with the law laid down by the
Hon'ble Supreme Court
Court and therefore, does not warrant the interference
of this Court.
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