Urviben Chiragbhai Sheth vs. Vijaybhai Shambhubhai Jorarpatra & Ors. (SC)

Compensation–Enhancement–Award of Rs. 6,07,000/- passed by Tribunal–Tribunal held the case of compenstion on the ground of consent and further held, that the amount granted was just and appropriate–Appeal before High Court for enhancement in compensation–Dismissed–Legality Plea
of appellant that she never filed consent before Tribunal–She filed affidavit in support of her plea–View of High Court that this ground was not taken in memo of appeal and filing of affidavit was an afterthought–Whether justified?–Held, no–Nothing on record that appellant filed consent before Tribunal–High Court fell into error in discarding the affidavit–It would not be appropriate to remand the case because the accident had occurred in the year 1990–Running of appellants family is on her shoulders and she is not running business–Compensation enhanced up to Rs. 15,00,000/-.