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2010 DIGILAW 5621 (MAD)

Ayyavu v. Neelakandan

2010-12-22

R.SUDHAKAR

body2010
Judgment :- 1. Claimant has filed this Appeal seeking enhancement of compensation on the ground that the amount entitled towards Medical Expenses has not been fully compensated by the Tribunal 2. It is a case of injury. The accident in this case happened on 25.11.2002. The injured Claimant Ayyavu, 55 years old driver of the van, suffered fracture of right hand and injury all over the body. He was treated in three hospitals and underwent three surgeries. He claimed a sum of Rs. 10,00,000 as compensation. 3. Though the Claimant has submitted Medical Bills for a sum of Rs. 2,13,266/-, the Tribunal has granted only Rs. 50,000/- towards Medical Expenses. The reason given by the Tribunal is that the Hospital Authorities, in which, the Claimant was treated has not been examined in support of the Medical Bills and granted the following amount as compensation with interest at 9% p.a.: 4. This Appeal is filed seeking enhancement of compensation stating that very meager amount has been granted on all heads more particularly, for the Medical Bills amount to Rs. 2,13,266/- which has been produced, the Tribunal has granted only Rs. 55,000/-, which is bad. The Respondent / Insurance Company has not disputed the said fact before the Tribunal. 5. Before the Tribunal, original records were produced to show the total amount expenses for medical treatment. The question of examining the Hospital Authority would arise only if there is a dispute with regard to the Medical Bills, which is not the case here. In such view of the matter, the Tribunal was not justified in rejecting the claim for the Medical Bills produced. The balance amount of Rs. 1,58,266.78 is payable by the Third Respondent/Insurance Company to the Claimant with interest at the rate of 7.5% from ,the date of the Claim Petition till the date of deposit. The Tribunal has separately granted the amount of Rs. 30,000/-for Loss of Earning Power due to disability and Rs. 50,000/- towards Permanent Disability. In view of the Full Bench decision of this Court in Cholan Roadways Corporation Ltd. Vs. Ahmed Thambi, 2006 (2) TN MAC 342 (FB) : 2006 (4) CTC 433 , the two amounts stand modified and can be granted on one head. The Claimant will be entitled to Rs. 80,000/-towards Loss of Earning Capacity due to disability. In view of the Full Bench decision of this Court in Cholan Roadways Corporation Ltd. Vs. Ahmed Thambi, 2006 (2) TN MAC 342 (FB) : 2006 (4) CTC 433 , the two amounts stand modified and can be granted on one head. The Claimant will be entitled to Rs. 80,000/-towards Loss of Earning Capacity due to disability. Considering the nature of the accident, injuries suffered, period of hospitalization and in occupation as a driver and the records to show the nature of treatment in three hospitals, the compensation granted by the Tribunal is modified and enhanced as follows: 6. In the result, the Civil Miscellaneous Appeal is partly allowed as follows: (i) The award of the Tribunal is enhanced to Rs. 3,28,766/- from Rs. 1,50,000/- (ii) The enhanced award amount of Rs. 1,78,266/- shall carry interest at 7.5% p.a. (iii) Learned Counsel for the Third Respondent/ Insurance Company seeks eight weeks’ time to deposit the enhanced award amount and the same is allowed. (iv) On such deposit, the Claimant is permitted to withdraw the entire award amount with accrued interest. (v) There shall be no order as to costs.