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CASE NO.: Appeal (civil)  4020 of 2002

PETITIONER: SOUKAT

RESPONDENT: MAHINDRA & MAHINDRA LTD. & ORS

DATE OF JUDGMENT: 28/02/2008

BENCH: H.K. SEMA & MARKANDEY KATJU

JUDGMENT: JUDGMENT O R D E R

CIVIL APPEAL NO. 4020 OF 2002

       This appeal is directed against the judgment of the High Court dated 29/03/2001  passed in MFA No.5093/1998(MVC).

       In a motor vehicle accident occurred in 1999, the appellant suffered bodily injuries .   Pursuant to a claim petition preferred by the claimant, the Tribunal awarded  Rs.3,70,500/- plus interest.  Being not satisfied, the claimant preferred an appeal before  the High Court for enhancement of the awarded amount.  The respondent satisfied  with the award did not filed any cross appeal.  Curiously enough, the High Court took  up the appeal for enhancement of the award but reduced the awarded amount to  Rs.1,00,000/- from Rs.3,70,500/-.                    In our view, the procedure adopted by the High Court is unknown   to   the   law.    The  order  of  the High Court is,  .....2.

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accordingly, set aside.  The award granted by the trial Court is restored.  The payment  of the awarded amount along with the interest shall be made within three months from  today.

       Appeal is allowed.