Judgment :- 1. The appellant/claimant seeks enhancement of compensation amount. 2. On 05.03.2001, in a road accident, the appellant had sustained multiple injuries. The Tribunal awarded him Rs.15,000/- towards pain and suffering and Rs.5,000/- for the rest of the items, thus, totally, awarded him Rs.20,000/-. 3. The learned counsel for the appellant would submit that though evidence as to the disability was produced, it was brushed aside and mixed all under one head and awarded Rs.5,000/-. This is not correct. 4. On the other hand, Mr. D. Baskaran, learned counsel for the Insurance Company would contend that PW3 did not give him treatment, the disability certificate was given after five years of the accident. In the circumstances, the Tribunal overlooked such a certificate and assessed the eligible compensation based on the evidence produced. 5. The appellant was then 37 years old. He is employed in Government Stanely Hospital, Chennai. He had sustained multiple injuries and suffered bone fracture. PW3-Dr.Saichandran examined him, seen Ex.P10-X-ray and issued him Ex.P9-disability certificate determining his disability at 35%. PW3 deposed as to the effect of the injuries upon the appellant. Of course, PW3 did not treat him. If the doctor, who had treated the injured had deposed in the Tribunal well and good. If the doctor, who has not treated him, has not deposed does not mean that the injured has no disability. The disability determination by the doctor is based upon the examination of the injured, his medical record and X-ray. Considering all these aspects, PW3 has made the disability determination. In the circumstances, wholesale rejection of Ex.P9 certificate is not correct. 6. No compensation for disability was given by the Tribunal. In the facts and circumstances, towards disability, we award him Rs.35,000/-. We are not disturbing the Rs.15,000/- awarded for pain and suffering. Instead of Rs.5,000/- awarded for rest of the items, for Nutrition expenses, we award Rs.5,000/-, towards transportation charges, we award Rs.2,500/-, towards Attendant charges, we award Rs.2,500/- and towards medical expenses, we award Rs.5,000/-. 7. Now, the total compensation is arrived as under:- 8. In the result, the award amount is modified and Rs.65,000/-with interest @ 9% p.a., from the date of original petition till deposit is awarded. The Insurance Company shall deposit the enhanced amount within 4 weeks from the date of receipt of a copy of this judgment.
7. Now, the total compensation is arrived as under:- 8. In the result, the award amount is modified and Rs.65,000/-with interest @ 9% p.a., from the date of original petition till deposit is awarded. The Insurance Company shall deposit the enhanced amount within 4 weeks from the date of receipt of a copy of this judgment. On such deposit, the appellant is permitted to withdraw the entire amount by making appropriate application. The Appeal is allowed to the extent indicated above. No costs.