Pavayammal v. Rajappan

C.M.P.No.5936 of 2019 in C.M.A.SR.No.103299 of 2018 V.M.VELUMANI,J.

This Civil Miscellaneous Petition is filed by the petitioners to amend the claim of compensation amount from Rs.25,00,000/- to Rs.37,10,000/- in the above appeal in MCOP No.229 of 2011 on the file of the Motor Accident Claims Tribunal, Sankari. 2.Heard the learned counsel appearing for the petitioners and perused the materials available on record.

3.According to the petitioners/claimants, they are entitled to more compensation than what is claimed in the claim petition and than what is awarded by the Tribunal. They have filed CMA.SR.No.103299 of 2018 for enhancement of compensation. Pending numbering of SR, the petitioners are seeking amendment of claim petition claiming more amount. It is well settled that the Tribunal and Court must award just compensation, which may be more than what is claimed by the claimants.

4.In view of the same, if the petitioners are entitled more amounts than what is claimed in the claim petition, the Courts have power to award more compensation even without amending the claim petition.

5.In the result, this Civil Miscellaneous Petition is dismissed. 13.03.2019 gsa http://www.judis.nic.in

V.M.VELUMANI, J., gsa C.M.P.No.5936 of 2019 in C.M.A.SR.No.103299 of 2018 13.03.2019 http://www.judis.nic.in