IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:04.12. 2008 CORAM:- Hon'ble Mr. Justice R. SUDHAKAR C.M.A.No. 3794 of 2008 and M.P.No.1 of 2008 Jayaseeli .. Appellant/Claimant Vs. 1. Irudhayadoss 2. The Divisional Manager, The United India Insurance Company Ltd., No.46,Katpadi Road,Vellore. .. Respondents/Respondents . . . Appeal filed under Section 173 of the M.V.Act against the award and decree dated 13.09.2006 in MCOP No. 395 of 2005 passed by the Motor Accidents Claims Tribunal (Principal Subordinate Court) Thiruvannamalai. . . . For Appellant : Ms.P.Surya for Raja Rajan For respondent : Mr.N.Vijayaraghavan (R2) R1-No appearance . . . JUDGMENT The Claimant has filed this appeal for enhancement of compensation. 2. The accident in this case, happened 17.11.2004 at about 5.30 p.m. The injured claimant in this case, travelled as a passenger in a Qualis Car bearing registration No.TN-09-AD 09279 from Tiruvannamalai to Thondarampet. The said vehicle hit against a Tamarind Tree due to rash and negligent driving by the driver of the Qualis car. In that accident, the claimant suffered grievous injuries on the left leg. Dr.Raveendran, who was examined as P.W.2, has assessed the disability at 40% for the fracture of tibia bone https://hcservices.ecourts.gov.in/hcservices/ and other wounds all over the body. No proof for medical treatment was filed. The Tribunal granted Rs.25,000/-towards damages and Rs.5,000/- for pain and suffering and medical expenses, totally Rs.30,000/- with 7.5 % interest. 3. Learned counsel for the appellant pleads that no amount has been granted for transport expenses, extra nourishment and attendant charges, consequent to the injury and treatment. She also pleaded for enhancement of compensation for disability assessed at 40%. In the absence of specific documentary evidence to show the nature of medical treatment taken by the injured claimant, and considering the Wound Certificate-P.W.3, Accident Register- P.W.4 and the Disability Certificate-Ex.P.5, the claimant will be entitled to compensation for extra nourishment, attendant charges, and transport expenses which are omitted. Accordingly, for extra nourishment and transport expenses, the claimant is entitled to Rs.5,000/- and for attendant charges a sum of Rs.2,500/-. In all, the claimant is entitled to the following amounts as compensation with interest at the rate of 7.5% interest. Sl.No. Head Amount granted by this Court 1 Disability Rs. 25,000/- 2 Pain and Suffering Rs. 5,000/- 3. Extra Nourishment & Transport expenses Rs. 5,000/- 4. Attendant charges Rs. 2,500/- Total Rs. 37,500/- 4. In the result, the Civil Miscellaneous Appeal is partly allowed as follows: i)The award of the Tribunal is enhanced to Rs.37,500/- from Rs.30,000/- ii) The interest granted by the Tribunal at the rate of 7.5% is confirmed. iii) Learned counsel for the second respondent,Insurance company seeks six weeks' time to deposit the enhanced amount with 7.5% interest and is granted. On such deposit, the claimant is entitled to withdraw the amount as per the order of this Court. https://hcservices.ecourts.gov.in/hcservices/ iv) Consequently, connected miscellaneous petition is closed. v) No costs. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar PAL To The Motor Accidents Claims Tribunal, (Principal Subordinate Judge), Thiruvannamalai. +1cc to Mr.R.Raja Rajan, Advocate Sr 68131 +1cc to Mr.N.Vijayaraghavan,Advocate Sr 68174 CK(CO) km/22.12. CMA No. 3794 of 2008 https://hcservices.ecourts.gov.in/hcservices/