Real Prasad (engineer) 22 August 2011
A professional collegue of mine lost a case in district forum and he was directed to pay about Rs 10,000 as compensation to the petitioner.
He complied with the judgement and made the payment. Now the petitioner approached state forum with an appeal that the district forum's compensation amount is insufficient and should be enhanced.
Is this a correct practice?? Can this be admitted? What happens if he further appeals to national forum??
DISHA D. SHAH (lawyer) 22 August 2011
if in petition they write for compensation more than rs.10000 then appeal can be that he not compensate in district forum
DISHA D. SHAH (lawyer) 22 August 2011
if in petition rs.15000/- then national forum appeal shall be for Rs.5000/-
ajay sethi (lawyer) 22 August 2011
yes it is correct practice . any party aggrived by impugned order can file appeal . instead of paying Rs 10,000 even you could have filed appeal . the court can in case of appeal by Opposite party increase the compensation amoutn .
Real Prasad (engineer) 25 August 2011
What if my collegue had himself approached stateforum on one of the following grounds:
a)He feels that genuinely he was wrongly implicated
or
b) He feels that the compensation amount is too high for the given case.
The facts in this case: My friend was the service provider and the ingredients used in the service (made by a multinational company was found defective).
My friend agreed to pay out the compensation, so as to avoid further legal entanglements. He wrongly assumed that by paying out a sum, he would free himself out.. for ever..... looks like he as a long way to go....
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