Smt.Maragatham v. M/S. United India Insurance

C.M.P. No. 17882 of 2016 in Cross Objection SR. 69754 of 2016 C.M.P. No. 17882 of 2016 in Cross Objection SR. 69754 of 2016 V.M. VELUMANI,J.

This Civil Miscellaneous Petition is filed by the petitioners to amend the claim of compensation amount from Rs.5,00,000/- to Rs.8,00,000/- which was claimed earlier in M.C.O.P. No. 157 of 2010 on the file of the Motor Accident Claims Tribunal, III Additional District Court, Coimbatore. 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 Cross Objection SR. 69754 of 2016 for enhancement of compensation. Pending numbering of the Cross Objection, the petitioners are seeking amendment of claim petition, claiming more amount. It is well settled that the Tribunal and the Court must award just compensation, which may be more than what is claimed by the claimant. http://www.judis.nic.in ___ 1/2

C.M.P. No. 17882 of 2016 in Cross Objection SR. 69754 of 2016 V.M.VELUMANI, J., gsa 4.In view of the same, if the petitioners are entitled to 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. 19.03.2020 gsa (3/3) C.M.P. No. 17882 of 2016 in Cross Objection SR. 69754 of 2016 http://www.judis.nic.in ___ 2/2