S. Prakasam v. Tamilnadu State Transport Corporation
2013-11-27
S.VIMALA
body2013
DigiLaw.ai
JUDGMENT 1. The appeal has been filed the claimant seeking enhancement of compensation. 2. The claimant, Prakasam, aged 45 years, an agriculturist, earning a sum of Rs.4,000/- per month, met with an accident on 09.07.2002. In respect of the injuries sustained, he claimed a sum of RS.1,30,000/- as compensation. 3. The Tribunal, on consideration of materials placed before it, awarded a sum of Rs.33,555/- and the break-up details are as follows: Heads Amount (Rs.) For 30% disability 20,000/- For simple and grievous injuries 7,000/- Medical expenses 1,555/- Pain and sufferings 3,000/- Nutrition 2,000/- Total 33,555/- 4. Contending that the award is inadequate, the claimant has filed this appeal. 5. The first contention of the learned counsel for the appellant is that when the doctor has fixed the disability at 30%, the Tribunal, without assigning any reason, has taken the permanent disability only at 20% and that it has resulted in reduction of compensation, which is rightfully payable to the claimant. 6. Perusal of the order passed by the Claims Tribunal would go to show that the Tribunal has disbelieved the evidence of the doctor only on the ground that the disability certificate has been issued after two years of the accident. Just because it is issued after two years of the accident, it need not have been disbelieved. The basis for arriving the disability is more material. When the certificate of the doctor is supported by reasons, then it need not be discarded merely on the ground that it has been issued belatedly. 7. The nature of disability suffered would reveal that the claimant has suffered head injury leading to giddiness, headache and disorientation. The claimant had been advised to be on medication to cure fits. This neurological injury has been certified at 30%. No doubt, like fracture of bones, the injury suffered by the claimant would not be visible. Just because the consequences are invisible, the nature of disability need not be under-estimated. 8. Having regard to the nature of disablement suffered, irrespective of percentage of disability, the compensation that should have been awarded is Rs.45,000/-, in respect of functional disability. 9. Medical expenses are allowed as per the supporting bills. Therefore, it is not interfered with. 10.
Just because the consequences are invisible, the nature of disability need not be under-estimated. 8. Having regard to the nature of disablement suffered, irrespective of percentage of disability, the compensation that should have been awarded is Rs.45,000/-, in respect of functional disability. 9. Medical expenses are allowed as per the supporting bills. Therefore, it is not interfered with. 10. Having regard to the nature of problems suffered due to the injuries, pain and sufferings is estimated at Rs.10,000/-, extra nourishment at Rs.5,000/-, attendant charges at Rs.4,000/- and transport expenses at Rs.3,000/-. Thus, totally, a sum of Rs.68,555/- is awarded as compensation. 11. In the result, the Civil Miscellaneous Appeal is allowed, enhancing the award amount from Rs.33,555/- to Rs.68,555/-. It is represented that the respondent / Transport Corporation has already deposited the amount awarded by the Claims Tribunal. Therefore, the enhanced amount shall be payable with interest at 7.5% p.a. from the date of petition till the date of deposit, within a period of six weeks from the date of receipt of copy of this judgment. On such deposit, the claimant is entitled to withdraw the entire award amount, less the amount already withdrawn, if any. No costs.