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2013 DIGILAW 147 (MAD)

Renganathan v. Managing Director

2013-01-07

P.DEVADASS

body2013
Judgment :- 1. The injured in a road accident, seeks enhancement of compensation amount. 2. On 10.06.2001, the road accident took place. In this accident, the appellant sustained multiple injuries. Totally the Tribunal awarded him Rs.86,838/-. 3. The learned counsel for the appellant would contend that the Doctor's disability determination has been accepted by the Tribunal. However, it awarded only Rs.45,000/-towards disability. The learned counsel cited UNITED INDIA INSURANCE Co. HOSUR Vs. CHINNARAJ & OTHERS (2008 (1) TNMAC 8) and submitted that under similar circumstances the Court awarded disability compensation at the rate of Rs.2,000/-per percentage of disability. Further, the learned counsel would contend that various other items of compensation has been omitted by the Tribunal. 4. When this appeal came up for hearing on the previous hearings there was no representation for the respondent. In the circumstances, on 21.12.2012, the appeal has been posted today for orders. Today also there is no representation for the respondent. In the circumstances, considering the arguments advanced at the bar, the materials on record and the impugned award of the Tribunal, let us dispose of this appeal today. 5. The road accident was on 10.06.2001. At about that time, the injured was 62 years old. P.W.2 determined his disability at 45% and issued him Ex.P.7 disability certificate. This has been accepted by the Tribunal. The appellant is a milk vendor and an agriculturist. In the circumstances, granted him only Rs.45,000/-. It is on the lower side. In the facts and circumstances, we raise it to Rs.90,000/- on the basis of Rs.2,000/-per percentage. Towards pain and suffering only Rs.5,000/-has been awarded. In the facts and circumstances, it is increased to Rs.10,000/-. The injured has to take lot of extra-nourishment to regain his health. However, no amount is awarded under the head extra-nourishment. Thus, Rs.5,000/- is awarded under this head. Towards transportation charges, no amount was awarded. Under this head, Rs.3,000/-is awarded. The injured having sustained 45% disability could not function as before. There is loss of amenity of life. Under this head he is awarded Rs.10,000/-. 6. In the result, the appeal is allowed in part. The compensation awarded by the Tribunal is enhanced to Rs.1,54,838/-with 7.5% interest per annum from the date of filing the claim petition till deposit and costs. There is loss of amenity of life. Under this head he is awarded Rs.10,000/-. 6. In the result, the appeal is allowed in part. The compensation awarded by the Tribunal is enhanced to Rs.1,54,838/-with 7.5% interest per annum from the date of filing the claim petition till deposit and costs. Respondent shall deposit the entire amount, less amount, if any already deposited within four weeks from the date of receipt of a copy of this Judgment. On such deposit, the appellant is permitted to withdraw the entire amount, less amount, if any already withdrawn. No costs.