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Madras High CourtCMP/25784/2019dismissed

Pradeepkumar v. P.Kannan

2019-12-06Honourable Ms.Justice V.M.Velumani2 pages

C.M.P.No.25784 of 2019 and C.M.A.SR.No.112927 of 2019 C.M.P.No.25784 of 2019 and C.M.A.SR.No.112927 of 2019 V.M.VELUMANI,J.

This Civil Miscellaneous Petition is filed by the petitioner to amend the claim of compensation amount from Rs.2,00,000/- to Rs.4,00,000/- in C.M.A.SR.No.112927 of 2019 filed against the judgment and award dated 10.09.2018 made in M.C.O.P.No.264 of 2013 on the file of the Motor Accident Claims Tribunal, II Additional District Court, Poonamallee.

2.Heard the learned counsel appearing for the petitioner 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.112927 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. 4.In view of the same, if the petitioner is entitled more amounts than what is claimed in the claim petition, the Courts have power to http://www.judis.nic.in award more compensation even without amending the claim petition.

C.M.P.No.25784 of 2019 and C.M.A.SR.No.112927 of 2019 V.M.VELUMANI, J., krk 5.In the result, this Civil Miscellaneous Petition is dismissed. 06.12.2019 krk C.M.P.No.25784 of 2019 and C.M.A.SR.No.112927 of 2019 http://www.judis.nic.in