JUDGMENT : S. Palanivelu, J.—The claimant before the. Tribunal is the appellant herein. On 24.10.1997 at about 4.45 hours, while the claimant was riding on his cycle along Choolai High Road, Chennai towards Ambattur, a lorry bearing registration No. AB 02-D 1266 driven by its driver in a rash and negligent manner dashed against the claimant causing him grievous injuries. At the time of accident, the claimant was aged 20 years and he was working as a Tea Master, earning Rs. 6,000 per month. The alleged vehicle was insured with the respondent No. 2. The claimant filed a claim petition before the Tribunal praying for a sum of Rs. 3,00,000 as compensation. 2. In the counter filed by the respondent No. 2, insurance company, the averments of the claimant as regards his age, income and avocation are denied. According to them, the claimant rode his bicycle rashly and carelessly and suddenly took a turn and crossed the road, due to which the accident has occurred and the contributory negligence has to be attributed. They contended that the amount claimed is excessive and prayed for dismissal of the claim petition. 3. As regards the fastening of liability upon the driver of the lorry, there is not much dispute before this court. Learned Counsel for the appellant would submit that the quantum of compensation awarded by the Tribunal under various heads is on the lower side and they are not proportionate to the gravity of the injuries sustained by the appellant-claimant. 4. The photograph, Exh. A2, would show the present appearance of the injured right leg of the claimant. He has suffered degloving injury, rupture, exposing muscles, skin grafting surgery was conducted on his right thigh and right hand. The claimant sustained degloving injury on the right thigh up to his right ankle. Exh. P5, case-sheet maintained by the hospital was also scrutinized by this court, by means of which, it is revealed that the claimant had been inpatient in the hospital for over four months. The case-sheet also shows the surgeries undergone by him. 5. PW 3, doctor, who examined the claimant issued Exh. P6, disability certificate by stating that the claimant has suffered permanent disability to the tune of 55 per cent.
The case-sheet also shows the surgeries undergone by him. 5. PW 3, doctor, who examined the claimant issued Exh. P6, disability certificate by stating that the claimant has suffered permanent disability to the tune of 55 per cent. He has further deposed that there is loss of muscles in the right thigh and there is stiffening of muscles in the region where skin grafting was done; the claimant could not flex his leg and there is no movement in the right ankle; that he is limping and could not put his leg on the ground properly. According to the doctor, claimant has suffered permanent disability to the tune of 80 per cent. 6. The Tribunal, on consideration of the entire evidence on record has awarded Rs. 1,09,000 as compensation to the claimant, as detailed below: 1 Transportation expenses Rs. 3,000 2 Extra nourishment Rs. 3,000 3 Damage to clothes and articles Rs. 500 4 Medical expenses Rs. 3,500 5 Loss of income Rs. 9,000 6 Pain and suffering Rs. 10,000 7 Permanent disability Rs. 50,000 8 Loss of earning Power Rs. 30,000 9 Total Rs. 1,09,000 7. In view of this court, the above said assessment of compensation by the Tribunal is on the lower side. It is stated that the claimant was working as a Tea Master and because of the injuries, he could not stand for a long time and could not attend to the above said work. He was aged 20 years at the time of accident. Due to the deformity and the ugly appearance of the right leg, certainly it could be said that his marriage prospects would diminish. 8. Taking into account the income of the injured-claimant at Rs. 2,250 per month and fixing his income at Rs. 1,500 per month after deducting 1/3rd for the purpose of assessing compensation, the annual loss of income comes to Rs. 18,000. Since the claimant was aged 20 years, the multiplier of 16' could be adopted and the compensation for loss of earning power is arrived at Rs. 2,88,000, in which the compensation at 55 per cent permanent disability amounts to Rs. 1,58,400. Instead of Rs. 10,000 for pain and suffering, a sum of Rs. 15,000 may be awarded and instead of Rs. 3,000 each under the heads 'transportation expenses' and 'extra nourishment', a sum of Rs. 5,000 each can be awarded under the said heads.
2,88,000, in which the compensation at 55 per cent permanent disability amounts to Rs. 1,58,400. Instead of Rs. 10,000 for pain and suffering, a sum of Rs. 15,000 may be awarded and instead of Rs. 3,000 each under the heads 'transportation expenses' and 'extra nourishment', a sum of Rs. 5,000 each can be awarded under the said heads. In view of loss of amenities, the claimant is entitled for a sum of Rs. 30,000. In other respects, the award of the Tribunal shall hold good. 9. In fine, the award of Rs. 1,09,000 granted by the Tribunal is enhanced and the appellant-claimant is entitled to a sum of Rs. 2,26,400 as compensation, as worked out below: 1 Transportation expenses Rs. 5,000 2 Extra nourishment Rs. 5,000 3 Damage to clothes and articles Rs. 500 4 Medical expenses Rs. 3,500 5 Loss of income Rs. 9,000 6 Pain and suffering Rs. 15,000 7 Loss of amenities Rs. 30,000 8 Permanent disability and loss of earning power Rs. 1,58,400 9 Total Rs. 2,26,400 The respondent No. 2 is directed to pay the enhanced compensation to the appellant-claimant along with interest for the same at the rate of 7.5 per cent per annum from the date of claim till the date of realization within a period of 8 weeks from the date of this order. The civil miscellaneous appeal is partly allowed. No costs.