Sathiyabama v. Duraisamy

C.M.P.No.26146 of 2019 and C.M.A.SR.No.137671 of 2019 C.M.P.No.26146 of 2019 and C.M.A.SR.No.137671 of 2019 V.M.VELUMANI,J.

This Civil Miscellaneous Petition is filed by the petitioner to amend the claim of compensation amount from Rs.25,00,000/- to Rs.47,50,000/- in C.M.A.SR.No.137671 of 2019 filed against the judgment and award dated 05.09.2019 made in M.C.O.P.No.137 of 2015 on the file of the Motor Accident Claims Tribunal, Sub Court, Tiruchengode.

2.Heard the learned counsel appearing for the petitioners 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.137671 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.

4.In view of the same, if the petitioners are entitled more http://www.judis.nic.in amounts than what is claimed in the claim petition, the Courts have

C.M.P.No.26146 of 2019 and C.M.A.SR.No.137671 of 2019 V.M.VELUMANI, J., krk power to award more compensation even without amending the claim petition.

5.In the result, this Civil Miscellaneous Petition is dismissed. 06.12.2019 krk C.M.P.No.26146 of 2019 and C.M.A.SR.No.137671 of 2019 http://www.judis.nic.in