Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 2552 (MAD)

S. Murugesan v. K. Annamalai

2014-08-12

R.SUBBIAH

body2014
Judgment : 1. Not being satisfied with the quantum of compensation awarded by the Tribunal, the present appeal has been filed by the claimant for enhancement of the compensation amount. Since the present appeal has been filed only for enhancement of the compensation amount, I am not inclined to deal with the other aspects of the award. So far as the quantum of compensation is concerned, it is the case of the appellant/claimant that due to accident, the claimant had sustained fracture on the right leg below the knee and fracture on the left knee and fracture on the left foot. In order to prove the disability suffered by the appellant, he examined himself as PW-1, besides examining Dr.V.Ramalingam as PW-2, and marked 11 documents as Exhibits P-1 to P-11. On the side of the Insurance Company, RW-1 was examined and no document was marked. Having perused the evidence of the witnesses on the side of the appellant, the Trial Court has fixed the disability at 60%. The Trial Court has awarded a sum of Rs.90,000 for 60% disability at the rate of Rs.1,500/- for each percentage of disability. That apart the Tribunal has awarded a sum of Rs.5,000/- for pain and sufferings, Rs.5,000/- towards transportation expenses and Rs.5,199/-towards medical expenses (i.e. Rs.2,789/-+Rs.2,410/-). Thus in total, a sum of Rs.1,05,199/-has been awarded by the Tribunal as compensation. 2. The learned counsel appearing for the appellant submitted that the amount awarded by the Tribunal under different heads is on the lower side. Hence the amount awarded to the appellant is to be enhanced by way of re-assessment on review. 3. Per contra, the learned counsel for the Insurance Company contended that the accident took place in the year 1999 and now almost 15 years had elapsed. Therefore, there is no need to enhance the award amount at this juncture. 4. Having heard the learned counsel on either side and gone through the affidavit and the evidences let in, I find that on account of the accident, the victim had sustained fracture on his left thigh and two fractures on his right leg. Therefore, there is no need to enhance the award amount at this juncture. 4. Having heard the learned counsel on either side and gone through the affidavit and the evidences let in, I find that on account of the accident, the victim had sustained fracture on his left thigh and two fractures on his right leg. The Doctor was examined as PW-2 and the claimant as PW-1 and I find that a sum of Rs.90,000/-awarded by the Tribunal towards 60% disability appears to be on the lower side and hence the same is enhanced to Rs.1,20,000/- by awarding a sum of Rs.2,000/- for each percentage of disability. Further I am of the view that the Tribunal has not awarded any compensation under the head of loss of amenities. Hence, considering the fact, the victim would find it difficult to carryout his normal works as he was doing before the accident, an amount of Rs.10,000/- is awarded towards loss of amenities. Further, the Tribunal has not awarded any amount under the head of future medical expenses, hence a sum of Rs.5,000/- is awarded towards future medical expenses and a sum of Rs.2,500/- is hereby awarded towards loss of income during the period of treatment. 5. Accordingly, the award amount granted by the Tribunal is enhanced to the following effect:- Rs. Towards 60% disability - 1,20,000/- Towards Loss of amenities - 10,000/- Towards future medical expenses 5,000/- Towards Transportation and attended charges 5,000/- Towards nutrition 5,000/- Towards purchase of medicines 2,410/- Towards loss of income 2,500/- 1,49,910/- =========== Rounded off to Rs.1,50,000/- 6. In view of the above modification, the Insurance Company is directed to deposit the enhanced amount with 7.5% interest before the Tribunal, after deducting the amount that has already been deposited by them, within a period of 4 weeks from the date of receipt of a copy of this order. On such deposit being made, the claimant is permitted to with draw the said amount by filing necessary application before the Tribunal. 7. With the above modifications, the Civil Miscellaneous Appeal is partly allowed. No costs.