Suresh Ambu Lomte v. Dhampal Manoj Gaikwad Through Its Guardian Manoj Bhimrao Gaikwad

2025:BHC-AUG:17149 939 WP NO.4530.2024 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4530 OF 2024 SURESH AMBU LOMTE

VERSUS

DHAMPAL MANOJ GAIKWAD THROUGH ITS GUARDIAN MANOJ BHIMRAO GAIKWAD ...

Advocate for the Petitioner : Mr. V. H. Pathade h/f Mr. V. S. Undre ...

CORAM : ROHIT W. JOSHI, J.

Dated : July 2, 2025 PER COURT :- 1.

The present petitioner takes exception to the order dated 09.11.2023 passed by the learned Member, Motor Accident Claims Tribunal, Aurangabad, on application for amendment of Claim Petition filed vide Exh. 20 in M.A.C.P. No. 731 of 2019. 2.

Initially, the petitioner had sought compensation of Rs 2 lakhs. By way of amendment, the amount of compensation claimed is sought to be enhanced to Rs. 54 lakhs. It is well settled law that irrespective of the amount of compensation claimed by the claim petitioner in a motor accident claim petition, it is the duty of the Tribunal to award just and fair compensation. Therefore, even if the claim petition was not amended, the claim petitioner will be entitled

939 WP NO.4530.2024 -2to just and fair compensation, even if the same is more than the amount of compensation claimed.

3.

In that view of the matter, this Court finds no reason to interfere in the impugned order. Therefore, this petition stands dismissed. No order as to costs.

(ROHIT W. JOSHI, J.) Omkar Joshi