Indirani.D v. D.S.Jothi

C.M.P.No.16393 of 2019 and C.M.A.SR.No.59770 of 2019 C.M.P.No.16393 of 2019 and C.M.A.SR.No.59770 of 2019 V.M.VELUMANI,J.

This Civil Miscellaneous Petition is filed by the petitioners to amend the claim of compensation amount from Rs.6,00,000/- to Rs.20,00,000/- in C.M.A.SR.No.59770 of 2019 filed against the judgment and award dated 06.08.2013 made in M.C.O.P.No.4626 of 2009 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Chennai. 2.Heard the learned counsel appearing for the petitioners as well as the learned counsel for the 2nd respondent 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.59770 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.

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C.M.P.No.16393 of 2019 and C.M.A.SR.No.59770 of 2019 V.M.VELUMANI, J., gbi 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. 03.02.2020 gbi C.M.P.No.16393 of 2019 and C.M.A.SR.No.59770 of 2019 http://www.judis.nic.in 2/2