Rasammal v. M/S Karattupattiar Agency

C.M.P. No. 22643 of 2019 in C.M.A. SR. 129824 of 2019 V.M.VELUMANI,J.

This Civil Miscellaneous Petition is filed by the petitioner to amend the claim of compensation amount from Rs.5,00,000/- to Rs.15,00,000/- which was claimed earlier in M.C.O.P. No. 1340 of 2017 on the file of the Motor Accident Claims Tribunal, Principal District Court, Namakkal.

2.Mr. J. Chandran, learned counsel takes notice for the 2nd respondent.

3.Heard the learned counsel appearing for the petitioners as well as the 2nd respondent and perused the materials available on record. 4.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 CMA. SR. 129824 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 the Court must award just compensation, which may be more than what is claimed by the claimant.

5.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.

6.In the result, this Civil Miscellaneous Petition is dismissed. 24.01.2020 gsa http://www.judis.nic.in

V.M.VELUMANI, J., gsa C.M.P. No. 22643 of 2019 in C.M.A. SR. 129824 of 2019 24.01.2020 http://www.judis.nic.in