The court stated that if the claimant is entitled to a higher amount than claimed, than he is entitled to be paid the actual compensation as determined by the court.
The bench comprising of Justice PS Narasimha and Justice Pankaj Mithal was hearing the present matter.
The court placed reliance on the judgement in the case Mona Baghel & Ors. vs. Sajjan Singh Yadav & Ors., wherein the court observed that since the function of the Tribunal or Court as stated under Section 168 of the Motor Vehicles Act, 1988 is to award 'just compensation', thus, there being no restriction that the Court in the case cannot award compensation exceeding the claimed amount.
The court stated that the above decision clearly lays down that there is no restriction upon the court to award compensation exceeding the amount claimed.
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