SUJATHA Vs. H M MALLAPPA NAIK

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award of the Tribunal restricting the compensation to a sum of Rs. 3,50,000/- claimed by them in the claim petition as against the global compensation of Rs 5,86,940/ -. which according to the Tribunal is just and reasonable compensation.

(2.) IT is contended by the appellants among other grounds of appeal that the Tribunal has erred in restricting the award to the sum claimed in the claim petition, which is against the provisions of Motor Vehicles act, as the provisions of the Motor Vehicles Act has given wide powers to the Tribunal to make just and reasonable awards. Simultaneously, the claimants have also claimed for enhancement of compensation with interest at 12% instead of 6% granted by the Tribunal.

(3.) AN application under Order 6, Rule 17 of the Code of Civil Procedure is filed by the claimants-appellants for amendment of the claim petition to amend the quantum of compensation from Rs. 3,50. 000/- to rs. 5. 86,940/ -. Insofar as the amendment application filed by the appellants is concerned, though it is filed after a long delay and is an afterthought, the said application is made taking clue from the judgment in narayana and. Another v H R. Mohankumar, At the time of arguments, learned Counsels appearing on both sides have not urged any other contention except the one which needs consideration in this appeal,