Shanthi v. Shanthakumari

C.M.P.No.6632 of 2019 and C.M.A.SR.No.12311 of 2019 V.M.VELUMANI, J.

This Civil Miscellaneous Petition is filed by the petitioners/appellants to amend the claim of compensation amount from Rs.20,00,000/- to Rs.33,15,000/- wherever it is found in the above petition in M.C.O.P. No.635 of 2009 on the file of the Motor Accident Claims Tribunal, Sub Court, 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 C.M.A.Sr.No.12311 of 2019 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 for 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, the Civil Miscellaneous Petition is dismissed. 20.03.2019 gsa http://www.judis.nic.in

V.M.VELUMANI, J.

gsa C.M.P.No.6632 of 2019 and C.M.A.SR.No.12311 of 2019 20.03.2019 http://www.judis.nic.in