Court can Increase Compensation in Motor Accident Cases Without Appeal or Claimant's Cross Objection : AP HC
The Hon’ble Andhra Pradesh High Court in the matter of M/s. The National Insurance Company Ltd. Vs. E.Suseelamma has held that it can increase compensation in motor accident cases, even without appeals or cross-objections from claimants.
The recent judgment underscores the court's commitment to just compensation for victims and their families, as part of its statutory duty. The division bench, comprising Justices Ravi Nath Tilhari and K. Manmadha Rao, delivered this decision during an appeal by an insurance company challenging a tribunal's award.
Originating from a tragic 2009 accident involving a car and a Gas Tanker lorry, resulting in fatalities, the court stated that it can enhance compensation even without appeals or cross-objections, aiming to deliver just compensation. The court invoked Order 41 Rule 33 CPC for this purpose.
After careful evaluation of evidence, the court dismissed contributory negligence claims against the car's driver and attributed the accident to the lorry driver's recklessness. The court raised the compensation from Rs 21,11,024 to Rs 25,37,816, also granting 9% interest per annum to the claimants.
The High Court directed the insurance company to deposit the revised compensation within a month."