THE HON'BLE SRI JUSTICE K.C.BHANU

CIVIL REVISION PETITION No.2683 OF 2011

Dated: 26.07.2011

Between:

Gundrathi Subbalakshmamma and 2 others

..... Petitioners

AND

Ankur Agarwal and another

..... Respondents

The Court made the following:

<u>CIVIL REVISION PETITION No.2683 OF 2011</u> ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 10.06.2011, in I.A.No.401 of 2011 in M.V.O.P.No.472 of 2008 on the file of the Motor Accidents Claims Tribunal-Cum-V Additional District Judge (Fast Track Court), Kurnool at Nandyal, whereunder and whereby, the petition to re-open the M.V.O.P. to amend the same for enhancement of the compensation claimed from Rs.5,00,000/- to Rs.6,00,000/-, was dismissed holding that ultimately, if the Tribunal finds that the claimants are entitled to more compensation than the amount claimed, it could award higher amount of compensation than claimed, if necessary, as per the available evidence.

2. Learned counsel for the petitioners contended that the amendment sought for is only to enhance the claim amount, and therefore, the Tribunal ought to have allowed the amendment petition.

<span id="page-1-0"></span>3. The trial Court placed reliance on a decision reported in Nagappa vs. Gurudayal Singh and others^[1], wherein it is held that there is no restriction for awarding compensation over and above the amount claimed by the claimant/claimants. Even if the amendment petition is not allowed, the Tribunal is not precluded from granting compensation over and above Rs.5,00,000/- as claimed by the petitioners by way of the amendment, in case, if the claimants are otherwise eligible for the same. Hence, the impugned order does not suffer from any infirmity so as to call for any interference by this Court.

4. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs.

K.C.BHANU, J

Dated: 26 th July, 2011 Ivd

THE HON'BLE SRI JUSTICE K.C.BHANU

CIVIL REVISION PETITION No.2683 OF 2011

26 th July, 2011

Ivd

<span id="page-3-0"></span>[1] 2003 ACJ 12