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Home Motor Vehicles Act

MVA S. 166 – Just compensation – Court can award more than the claimed amount

by PLRonline
September 5, 2022
in Motor Vehicles Act
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Motor Vehicles Act, 1988, Section 168  – Just compensation  – There is no restriction that the Court cannot award compensation exceeding the claimed amount, since the function of the Tribunal or Court under Section 168 is to award “just compensation” – The Motor Vehicles Act is a beneficial and welfare legislation – A “just compensation” is one which is reasonable on the basis of evidence produced on record –  It cannot be said to have become time­barred – Further, there is no need for a new cause of action to claim an enhanced amount –  The Courts are duty bound to award just compensation.

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Tags: MVA S. 166MVA S. 166- Just compensationMVA S. 168
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Arbitration - Deposit of amount before the arbitral tribunal as pre condition to invoking arbitration - "in interpreting documents relating to a contract of insurance, the duty of the Court is to interpret the words in which the contract is expressed by the parties, because it is not for the Court to make a new contract, however, reasonable, if the parties have not made it themselves."

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