IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.2.2009 CORAM:- The Hon'ble Mr. Justice R. SUDHAKAR C.M.A. No. 841 of 2003 ........ P. Rengathan .. Appellant/ Petitioner Vs. 1. Mr. Amuruth Bihani 2. The Oriental Insurance Co. Lid., United India Builing, Esplanade, Chennai -108. .. Respondents/Respondents Appeal filed under Section 173 of M.V. Act against the award and decree dated 26.9.2002 made in OP No.4454 of 1998 on the file of the Vth Judge, Court of Small Causes (Motor Accidents Claims Tribunal) Chennai. For Appellant : Ms. Sahaya Mari for A.Shanmugaraj For Respondents: No Appearance – R1 Mr. J. Chandran – R2 ------ JUDGMENT The Claimant has filed this appeal seeking enhancement of compensation. It is a case of injury. The accident, in this case happened on 15.12.1997. The injured claimant Ranganathan, 42 years old, working as a senior officer in a private company suffered fracture and dislocation of the right shoulder. He was treated in Malar Hospital from 15.12.97 to 16.12.1997 and subsequently, he took treatment by way of therapy till recovery. He claimed a sum of Rs.1,50,000/- as compensation stating that his income was Rs.10,000/- p.m. 2. In support of the claim, the claimant was examined as P.W.1 and the Doctor Thiagarajan was examined as P.W.2. Documents Exs. A1 to A8 were marked. The relevant documents are Ex.A1 discharge summary, Exs. A2 and A3 medical bills and Ex.A7 disability certificate assessing the disability at 40%. No oral and documentary evidence was let in on behalf of the respondents. 3. The Tribunal, considering the age, occupation, nature of injury, period of treatment and the disability assessed granted the https://hcservices.ecourts.gov.in/hcservices/ following amount as compensation with interest at the rate of 9% p.a. Sl.No. Head Amount granted by the Tribunal 1 Disability at 45% Rs.25,000/- 2 Pain and suffering Rs. 5,000/- 3 Medical expenses Rs.28,000/- 4 Loss of income in the future Rs. 5,000/- 5 Loss of income during treatment Rs. 5,000/- 6 Extra nourishment Rs. 5,000/- 7 Transport expenses Rs. 1,000/- 8 Damage to vehicle Rs. 5,00/- Total Rs.74,500/- 4. In appeal, the only contention raised by the learned counsel for the appellant/claimant is that for the disability at 45%, a sum of Rs.25,000/- alone has been granted. Further, meager amount has been granted for transport and no amount has been granted for attender charges. 5. Learned counsel for the second respondent on the other hand stated that there is no material to support the compensation for loss of future income as he is working in a private company. 6. Considering the rival pleas and the omission to grant compensation on one or other heads, this Court is inclined to enhance the compensation for the following reasons. (i) The injured claimant, working as a senior officer in a private company, has suffered fracture and dislocation in the right shoulder. The disability has been assessed at 45%. However, the Tribunal has granted only Rs.25,000/- as compensation for which, the claimant will be entitled to a further amount of Rs.20,000/-. Considering the nature of injury, period of hospitalisation and the nature of treatment, the claimant will be entitled to compensation for attender charges. A sum of Rs.5,000/- granted for loss of future earning is not supported by any material and therefore, it is set aside. However, it can be adjusted on the head of attender charges. Accordingly, the award of the Tribunal is modified as follows:- https://hcservices.ecourts.gov.in/hcservices/ Sl.No. Head Amount granted by the Tribunal Amount granted by this Court 1 Disability at 45% Rs.25,000/- Rs.45,000/ - 2 Pain and suffering Rs. 5,000/- Rs.5,000/- 3 Medical expenses Rs.28,000/- Rs.28,000/ - 4 Loss of income in the future Rs. 5,000/- -- - 5 Loss of income during treatment Rs. 5,000/- Rs.5,000/- 6 Extra nourishment Rs. 5,000/- Rs.5,000/- 7 Transport expenses Rs. 1,000/- Rs.1,000/- 8 Damage to vehicle Rs. 500/- Rs. 5,00/- 9 Attender charges --- Rs.5,000/- Total Rs.74,500/- Rs.94,500/ - 7. In the result, the civil miscellaneous appeal is partly allowed as follows:- (i) The award of the Tribunal is enhanced to Rs.94,500/- from Rs.74,500/-. (ii) The enhanced award amount of Rs.20,000/- 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 permitted 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 https://hcservices.ecourts.gov.in/hcservices/ ra To The Vth Judge, Court of Small Causes, (Motor Accidents Claims Tribunal) Chennai. 1 cc To Mr.J.Chandran, Advocate, SR.5437 CMA No. 841 of 2003 KSK(CO) SRA(3/3/2009) https://hcservices.ecourts.gov.in/hcservices/