S.Hariharan v. A.Kamalakannan

C.M.P.No.20143 of 2019 in C.M.A.SR.No.104320 of 2019 V.M.VELUMANI,J.

C.M.P.No.20143 of 2019 is filed to permit the petitioner to amend the claim in M.C.O.P.No.4327 of 2009 on the file of Motor Accident Claims Tribunal, Small Causes Court No.III, Chennai, at Rs.15,00,000/- instead of Rs.5,00,000/- and consequently in appeal, the value of the claim as Rs.15,00,000/- instead of Rs.5,00,000/-. 2.Heard the learned counsel appearing for the petitioner as well as 2nd respondent and perused the materials available on record. 3.According to the petitioner/claimant, he is entitled to more compensation than what is claimed in the claim petition and than what is awarded by the Tribunal. He has filed C.M.A.SR.No.104320 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. 21.01.2020 kj C.M.P.No.20143 of 2019 in C.M.A.SR.No.104320 of 2019 http://www.judis.nic.in