“21.For the reasons discussed above, in our view, under the MV Act, there is no restriction that the Tribunal/Court cannot award compensation amount exceeding the claimed amount. The function of the Tribunal/Court is to award “just” compensation which is reasonable on the basis of evidence produced on record. Further, in such cases there is no question of claim becoming time-barred or it cannot be contended that by enhancing the claim there would be change of cause of action. It is also to be stated that as provided under subsection (4) to Section 166, even the report submitted to the Claims Tribunal under subsection 96) of Section 158 can be treated as an application for compensation under the MV Act. If required, in appropriate cases, the court may permit amendment to the claim petition. 29.Appeal being continuation of proceedings, this Court is of the views that re-appreciation of evidence and deciding the claim independently is possible. As the powers of this Court under Order 41 Rule 33 is only to do complete justice between the parties. The Motor Vehicles Act, 1988 being a beneficial legislation to award just compensation, this Court is exercising its power to enhance the compensation even in the absence of cross appeal.”
