THE HON’BLE SRI JUSTICE K.S. APPA RAO CIVIL REVISION PETITION No.2027 of 2006 ORDER: 1 Aggrieved by the order dated 22.11.2005 passed by the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-II Additional District Judge, Ranga Reddy in I.A.No.1408 of 2005 in O.P.No.225 of 2002 the petitioner / claimant filed the present revision petition. 2 The learned counsel for the petitioner mainly urged that, the Tribunal ought to have seen that the petitioner is still undergoing treatment and spending money towards treatment and in any view of the matter the order of the Tribunal is liable to be set aside. 3 The petitioner herein is the petitioner / claimant in OP No.225 of 2002. Originally he filed the said O.P. seeking compensation of Rs.6.00 lakhs and thereafter he filed I.A.No.524 of 2004 seeking permission to enhance his claim of compensation from Rs.6.00 lakhs to Rs.8.00 lakhs and the same was allowed by order dated 28.06.2004. Being not satisfied, the petitioner/ claimant again filed I.A.No.1408 of 2005 seeking further enhancement of the compensation on the ground that he is still undergoing treatment and that he incurred huge amount towards treatment. The Tribunal dismissed the said application by its order dated 22.11.2005, which is under challenge in this revision petition. 4 Now the point for consideration is whether the order of the Tribunal is sustainable? 5 As seen from the affidavit filed by the petitioner in I.A.No.1408 of 2005, at the time of fling the O.P., he claimed only Rs.6.00 lakhs as compensation for the injuries sustained by him in the accident and thereafter he filed I.A.No.524 of 2004 seeking enhancement of compensation from Rs.6.00 lakhs to Rs.8.00 lakhs and the same was allowed. However, as he is still undergoing treatment and is spending lot of money, he filed the present petition seeking further enhancement of compensation from Rs.8.00 lakhs to Rs.20.00 lakhs. 6 It is an admitted fact that the Tribunal allowed the earlier petition filed by the petitioner enhancing the claim of compensation from Rs.6.00 lakhs to Rs.8.00 lakhs. The reason assigned in the present petition i.e. I.A.No.1408 of 2005 is that the petitioner is still undergoing treatment and is spending huge amount towards treatment. 7 It is known fact that the petitioner has to pay court fee on the claim. The petitioner paid the court fee on his initial claim of Rs.6.00 lakhs and also paid court fee on the enhanced claim of compensation i.e. from Rs.6.00 lakhs to Rs.8.00 lakhs and further seeks to enhance the claim of compensation on the ground that he is incurring huge expenditure towards treatment. It is for the petitioner to prove that he incurred expenditure towards treatment for granting compensation. Therefore, the claim for enhancement of compensation agitated by the petitioner by paying requisite court fee will not in any way cause prejudice to the rights of the parties and therefore the observation of the Tribunal below that the petition is filed only to harass the respondent does not arise in any view of the matter and in the circumstances of the case on hand. 8 Accordingly the order passed by the Tribunal below in I.A.No.1408 of 2005 in O.P.No.225 of 2002 is set aside. The petitioner may approach the Tribunal below to take further steps seeking enhancement of compensation by paying the court fee on the alleged claim of enhancement of compensation. 9 This revision petition is accordingly allowed. No costs. --------------------- K.S. APPA RAO, J. 19.08.2011 Kvsn