Can the claimant claim enhanced compensation after accepting the awarded amount in the execution proceedings as a whole settlement?
Supreme Court JUSTICE M. R. SHAH JUSTICE SANJIV KHANNA Smt. Meena Pawaia & Ors. Vs. Ashraf Ali & Ors. CIVIL APPEAL NO. 6724 OF 2021 18th November 2021 Author: M. R. Shah, J. Citation: 2021 ALL SCR (ONLINE) 660 Head Note Now so far as the submission on behalf of the Union of India that as in the execution proceedings the claimants accepted the amount due and payable under the impugned judgment and order and accepted the same as full and final settlement, thereafter the claimants ought not to have preferred appeal for enhancement of the compensation is concerned, the aforesaid cannot be accepted. The claimants are entitled to just compensation. Merely because in the execution proceedings they might have accepted the amount as awarded by the High Court, may be as full and final settlement, it shall not take away the right of the claimants to claim just compensation and shall not preclude them from claiming the enhanced amount of compensation which they as such a