Gokila v. Murugan

C.M.P.No.18013 of 2019 in and C.M.A.SR.No.82357 of 2019 V.M.VELUMANI,J.

C.M.P.No.18013 of 2019 is filed to permit the petitioner to amend the claim in M.C.O.P.No.640 of 2017 on the file of Motor Accidents Claims Tribunal, Special Sub Court No.II, Salem at Rs.17,08,457/- instead of Rs.15,00,000/- and consequently in appeal, the value of the claim as Rs.17,08,457/- instead of Rs.15,00,000/-. 2.Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3.According to the petitioner/claimant, she is entitled to more compensation than what is claimed in the claim petition and than what is awarded by the Tribunal. She has filed C.M.A.SR.No.82357 of 2019 for enhancement of compensation. Pending numbering of SR, the petitioner is 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 claimant.

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V.M.VELUMANI,J.

Kj 4.In view of the same, if the petitioner is entitled more amounts than what is claimed in the claim petition, the Court has power to award more compensation even without amending the claim petition. 5.In the result, the Civil Miscellaneous Petition is dismissed. 18.12.2019 kj C.M.P.No.18013 of 2019 in and C.M.A.SR.No.82357 of 2019 http://www.judis.nic.in