B. THENMOZHI Vs. P.M. BALASUBRAMANIAN

JUDGEMENT

(1.) THE motor accident victim who had sustained injuries in the accident, said to have taken place on 23.8.1991 against the dismissal of her application to enhance the claim from Rs. 1,00,000/- to Rs. 5,00,000/-, has filed the present revision under Article 227 of the Constitution of India before this Court. It is seen that on 23.8.1991 at about 9.30 a.m. the petitioner claimant (9 years old at the time of accident) who sustained the injuries, initially filed a claim within three days of the accident claiming a sum of Rs. 1,00,000/- as compensation. By the present application, M.P. No. 430 of 1994, after realising that her earlier claim is very low and in view of the subsequent developments, namely, medical expenses for skin grafting, etc., she has requested the court below to permit her to enhance her claim to Rs. 5,00,000/-.

(2.) THE said application was resisted by the insurance company/respondent No. 2 in the said O.P. contending that the claimant has not adduced any additional information than that she had already mentioned in the original claim petition and prayed for rejection of the said petition. Accepting the objection raised by the insurance company, the Tribunal by the impugned order dismissed M.P. No. 430 of 1994.1 have heard the learned Counsel for the petitioner as well as the counsel for the insurance company.

(3.) THE court below is directed to dispose of the claim petition after giving opportunity to all the parties concerned and dispose of the same within a period of three months from the date of receipt of the records and a copy of this order from this Court. However, there will be no order as to costs.