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Non pecuniary damages also to be calculated in case of petition filed u/s. 166 of Motor Vehicles Act 1988 and compensation amount can exceed the claimed amount – SC
Case Law Details
- Case Name
- Ibrahim Vs. Raju and others (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Under the Motor Vehicles Act, 1988 Act, there is no restriction that the Tribunal/ court cannot award compensation amount exceeding the claimed amount. The function of the Tribunal/ court is to award “just” compensation which is reasonable on the basis of evidence produced on record. Further, in such cases there is no question of claim becoming time-barred or it cannot be contended that by enhancing the claim there would be change of cause of action. It is also to be stated that as provided under sub-section (4) to Section 166, even the report submitted to the Claims Tribunal under sub-sec...
