IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.8.2010 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN C.M.A.No. 646 of 2007 Ravichandran .. Appellant/Petitioner Vs. 1.Gnanasekaran alias Gunasekar 2.Divisional Manager, United India Insurance Ltd., Cuddalore. .. Respondents/Respondent Civil Miscellaneous Appeal filed under section 173 of M.V. Act 1988 against the Award and decree dated 7.2.2005 made in M.C.O.P.No.376 of 2004, on the file of Motor Accidents Claims Tribunal, Additional District Judge, Chidambaram. For appellant : Mr.K.S.Ganesh Babu For respondents: : Mr.S.Arunkumar for R2 : R1-exparte JUDGMENT The claimant is the appellant. The claimant sustained fracture on the right leg and was hospitalised for a period of 58 days. The Doctor assessed his disability at 42%. But the Court below totally granted only 90,000/- as against the claim of Rs.5,00,000/- claimed in the claim petition. Aggrieved against the meagre amount of compensation, the appellant/claimant has come forward with this appeal. 2. The respondent/Insurance company would contend that the 42% disability certified by the Doctor itself is questionable. It is further contended that the amount awarded was reasonable taking into consideration that the injury has healed subsequently. Therefore, he would only contend that there is no need or necessity for enhancement of the compensation. 3. Heard the learned counsel appearing for both the parties and perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/ 4. The short points for consideration in this petition is whether the claimant is entitled for enhanced compensation. 5. The Court below found that the Insurance Company is liable for the accident. The accident is proved and the liability is also proved. 6. The Lower court has granted the compensation under the following heads: LOSS of earning - Rs.60,000/- Transport and Medical Expenses - Rs.20,000/- Extra nourishment and Attended charges - Rs. 5,000/- Pain and suffering - Rs. 5,000/- ------------- Total - Rs. 90,000/- -------------- 7. On perusal of the evidence of Doctor P.W.2 and Ex.P.10, the disability certificate, the Doctor has categorically stated that pursuant to the accident and the fracture in the right leg, his movements are restricted and therefore he assessed the disability at 42% which is not contraverted. The claimant also deposed that pursuant to the accident he could not sit or squat. The Supreme Court has categorically stated in case of permanent disability upto Rs.2,000/- per each percentage can be granted. Normally, the Courts awarded Rs.1,000/- to Rs.2,000/- per percentage of disability. After taking into consideration the nature of injuries sustained and the disability certificate given by the Doctor, Rs.2,000/- per percentage of disability can be granted. Therefore, a sum of Rs.2,000/- can be granted for each percentage of disability and the claimant is entitled to Rs.84,000/- (Rs.2,000/- x 42). 8. As far as the medical expenses and transport expenses are concerned, the Lower Court has granted Rs.20,000/- which is fair and reasonable and it could be confirmed. As far as the extra nourishment and attended charges, the Tribunal awarded only a sum of Rs.5,000/-. It is seen from the records that the claimant has been hospitalised for a period of 58 days, therefore, the attended charges could be increased to Rs.10,000/- and the Transport Charges can be given as Rs.5,000/-. Thus, totally a sum of Rs.15,000/- could be awarded. Towards pain and suffering, the Court below has granted only Rs.5,000/-. According to the claimant/injured, he has taken treatment for a long duration and therefore, a sum of Rs.25,000/- could be awarded towards pain and suffering. Towards future medical expenses, nothing has been granted by the lower Court. Taking into consideration the nature of treatment undergone by the claimant in the hospital, a further sum of Rs.15,000/- has to be granted under the head future medical expenses. Thus, the appellant/claimant is entitled for the enhanced compensation under the following heads: https://hcservices.ecourts.gov.in/hcservices/ Towards the permanent disability fixed at 42% - Rs.84,000/- Transport and Medical Expenses - Rs.20,000/- Towards Extra nourishment and and attendant charges - Rs.15,000/- Towards pain and suffering - Rs.25,000/- Future medical expenses - Rs.15,000/- ------------ Total Rs.1,59,000/- -------------- Therefore in all, the total compensation which the claimant is entitled to is arrived at Rs.1,59,000/- which is rounded of to Rs.1,60,000/-. 7. Hence, the Appeal is allowed enhancing the compensation amount from Rs.90,000/- to Rs.1,60,000/-. No costs. The respondent/Insurance Company is directed to deposit the entire enhanced amount with 7.5% interest within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the appellant/claimant is permitted to withdraw the same. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar To 1. The Motor Accidents Claims Tribunal Additional District Judge, Chidambaram. 2. The Section Officer, V.R. Section, High Court, Madras. + one C.C. To Mr. S. ArunKumar [Sr.No.63093] + one C.C. To Mr. K.S. Ganesh Babu, [Sr.No.62838] C.M.A.No.646 of 2007 GV[CO] KS https://hcservices.ecourts.gov.in/hcservices/