(A) Motor Vehicles Act, 1988 – Section 173 – MACT – Compensation Enhanced – Deduction and Future Prospects – Deduction taken as ¼ – Future Prospects added @ 50% – Compensation enhanced from Rs 11.33,600/- to Rs.20,69,279/- Some other minor modifications also made. (Para 48, 49, 52)
(B) MACT – Award cannot be restricted – If the evidence on record justifies passing of such award, the prayer so made by the learned counsel for the petitioners cannot be rejected solely on the ground that the petitioners have restricted their claim to Rs.20,00,000/- or they have not filed any appeal, cross appeal or cross objections. There will be no impediment for this Court to enhance the amount of compensation, in case, where there is evidence on record, justifying the enhancement of compensation. Making the enhancement of compensation on the basis of evidence on record does not amount to introduction of a new or inconsistent cause of action, as the cause of action and evidence remain the same and the only question which is to be determined by this Court is to the effect that whether the learned MACT has awarded the ‘just compensation’ or not. (Para 42)
HIMACHAL PRADESH HIGH COURT JUDGMENT
Citation: 2023 STPL(Web) 57 HP
Regional Manager, HRTC Vs. Nisha Kumari And others
FAO No. 4245 of 2013-Decided on 24-7-2023
https://stpllaw.in/wp-content/uploads/2023/08/2023-STPLWeb-57-HP.pdf
