IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.1.2009 CORAM:- THE HON'BLE MR. JUSTICE R. SUDHAKAR C.M.A.No. 2320 of 2008 G. Sundarrajan .. Appellant/ Petitioner Vs. 1. P. Radha Krishnan 2. United India Insurance Co. Ltd., No.38 Anna Salai, Chennai.2. .. Respondents/respondents (R1 set exparte before Trial Court) Appeal filed under Section 173 of the M.V. Act against the award and decree dated 11.2.2008 made in MCOP No. 1841 of 2004 on the file of the Motor Accident Claims Tribunal, (II Court of Small Causes ), Chennai. For Appellant : Mrs. Saleem Fathima for Mr. N.M. Muthurajan For Respondents : Mr. T.M. Venkatraman – R2 JUDGMENT The claimant has filed this appeal seeking enhancement of compensation. 2. The second respondent insurance company appears through counsel and after hearing the parties, the matter is taken up for final disposal on merits. 3. The accident in this case happened on 6.3.2004. The appellant Sundarrajan was walking on the road when he was hit by the two wheeler insured with the second respondent, driven in a rash and negligent manner and in that accident, he suffered injuries. He filed a claim petition claiming a sum of Rs.6,00,000/- as compensation stating that the injured claimant is a car driver and his monthly income was Rs.6,000/-. https://hcservices.ecourts.gov.in/hcservices/ 4. The Tribunal fixed the income of the appellant/claimant at Rs.3,000/- p.m. Considering the disability assessed at 40%, the nature of injuries, which is fracture of both bones in the left leg and injuries to the left foot and also the treatment taken at St. Isbell's Hospital, Mylapore and Government Royapettah Hospital as inpatient from 6.3.2004 to 25.3.2004, the Tribunal, granted the following amount as compensation with interest at the rate of 7.5% p.a. Sl.No. Head Amount granted by the Tribunal 1 Loss of earning Rs. 6,000/- 2 Transport expenses Rs. 1,000/- 3 Extra nourishment Rs. 1,000/- 4 Damage to cloths Rs. 800/- 5 Medical expenses Rs. 5,200/- 6 Pain and suffering Rs. 10,000/- 7 Permanent disability at 40% Rs. 30,000/- Total Rs.54,000/- 5. In appeal, the claimant seeks enhancement of compensation stating that a very meager amount has been granted and therefore, the compensation has to be enhanced. 6. Heard the learned counsel for the respondent insurance company, who stated that the compensation can be modified under one or other heads so that just compensation is given. 7. Since the injured claimant is a driver by profession and he has taken treatment for quite some time and also considering the fact that he suffered fracture of both bones in the left leg which will take reasonable time to heal so as to enable the claimant to rejoin duty, the claimant is entitled to a further sum of Rs.12,000/- towards loss of income during treatment. Likewise, the claimant is entitled to higher compensation under other heads viz., transport, expenses, pain and suffering, disability and extra nourishment. Accordingly, the claimant is entitled to further sum of Rs.4,000/- for transport expenses, Rs.4000/- for extra nourishment, Rs.20,000/- for the disability assessed at 40% and further sum of Rs.10,000/- for pain and suffering. No amount has been granted for attender charges. The claimant will be entitled to Rs.5,000/- for attender charges. Accordingly, the award of the Tribunal stands modified as follows:- https://hcservices.ecourts.gov.in/hcservices/ Sl.No. Head Amount granted by the Tribunal Amount granted by this Court 1 Loss of earning during treatment Rs. 6,000/- Rs. 18,000/- 2 Transport expenses Rs. 1,000/- Rs. 5,000/- 3 Extra nourishment Rs. 1,000/- Rs. 5,000/- 4 Damage to cloths Rs. 800/- Rs. 800/- 5 Medical expenses Rs. 5,200/- Rs. 5,200/- 6 Pain and suffering Rs. 10,000/- Rs. 20,000/- 7 Permanent disability at 40% Rs. 30,000/- Rs. 50,000/- Total Rs.54,000/- Rs.1,04,000/- 8. Since the accident happened in the year 2004 and the award was passed in the year 2008, the interest granted by the Tribunal at 7.5% stands confirmed. 9. In the result, the civil miscellaneous appeal is partly allowed as follows:- (i) The award of the Tribunal is enhanced to Rs.1,04,000/- from Rs.54,000/-. (ii) The enhanced award amount of Rs.50,000/- shall carry interest at 7.5% p.a. (iii) Learned counsel for the 2nd respondent seeks eight weeks time to deposit the enhanced award amount and the same is allowed. On such deposit, the claimant is entitled to withdraw the amount as per the order of this Court. (iv) There shall be no order as to costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ra https://hcservices.ecourts.gov.in/hcservices/ To The Motor Accident Claims Tribunal, (II Judge. Court of Small Causes ), Chennai. 1 cc to Mr.K.s. Narasimhan, Advocate, SR. 1801 CMA No. 2320 /2008 CK (CO) kk 3/2 https://hcservices.ecourts.gov.in/hcservices/