IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 7.11.2008 Coram The HONOURABLE Mr. JUSTICE R.SUDHAKAR C.M.A.No.3396 of 2008 Anthonysami. ... Appellant/Claimant vs. 1.Jaganathan, 2.The Divisional Manager, The United India Insurance Company Ltd., No.46, Katpadi Road, Vellore. ... Respondents/Respondents Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 6.3.2007 passed in M.C.O.P.No.655 of 2003 on the file of the Motor Accidents Claims Tribunal (Principal Sub Court), Thiruvannamalai. For Appellant : Mr.R.Raja Rajan For respondents : Mr.M.Vaidyanathan for R1 : Mr.M.B.Gopalan for R2 JUDGMENT The injured claimant has filed this appeal seeking enhancement of the compensation. 2. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 23.9.2002 on Thiruvannamali-Manalur Road at Thatchampet bus stop. The appellant/claimant was travelling as a passenger in the first respondent bus insured with the second respondent insurance company. Due to the rash and negligent driving on the part of the driver of the bus, the claimant was thrown out of the bus and he sustained injuries. He claimed compensation in a sum of Rs.1,00,000/- stating that he was earning a sum of Rs.3,000/- per month at the time of accident and underwent great pain and suffering. 3. In support of the claim, the injured claimant was examined as P.W.1. One Dr.Sreenivasan was examined as P.W.2. Exs.P-1 to P-6 were marked as detailed below:- https://hcservices.ecourts.gov.in/hcservices/ Ex.P-1 is the photocopy of FIR, Ex.P-2 is the photocopy of Motor Vehicle Inspector's Inspection Report, Ex.P-3 is the wound certificate, Ex.P-4 is the photocopy of the accident register extract, Ex.P-5 is the permanent disability certificate and Ex.P-6 is the audiogram report of the claimant. No oral or documentary evidence was let in on behalf of the respondents. 4. As far as the compensation is concerned, the same was decided by the Tribunal in paragraph 8 of the award. Reliance was placed on the wound certificate Ex.P-3. P.W.1, the injured claimant in his evidence has stated that due to the injury there is a hearing difficulty and the doctor P.W.2 has stated in his evidence that there is 9% loss of hearing capacity in both the ears. Ex.P-3 wound certificate states that the injury is external. The Tribunal observed that in the cross examination, the injured claimant was able to answer reasonably well. However, considering Ex.P-3 in which it is stated that the injuries are grievous in nature, a sum of Rs.25,000/- was granted with interest at 7.5%. The appeal has been filed for enhancement of compensation. 5. Heard Mr.N.Vijayaraghavan, advocate appearing for the second respondent insurance company. 6. In this case, the injury suffered to the ear is not in dispute. The accident register extract support the same. The doctor assessed the disability based on audiogram report and stated that there is loss of hearing. For the treatment taken after the injury, for the pain and suffering undergone, for loss of income during the period of treatment, for transportation, for extra nutrition and for attender charges, the claimant will be entitled to some compensation. Therefore, considering all these aspects, counsel for the second respondent insurance company fairly submitted that suitable amount can be granted on these heads. 7. The amount as set out above were not granted and the claimant's due is not disputed. Considering the stand taken by the counsel for the second respondent insurance company, the claimant will be entitled to a further sum of Rs.20,000/- under the heads loss of income during the period of treatment, transport, extra nutrition and attender charges. The enhanced sum of Rs.20,000/- shall bear interest at 7.5%. However, the claimant is not entitled to interest for the period of 412 days in terms of the order of this court dated 23.10.2008 in M.P.No.1 of 2008. 8. Counsel for the second respondent seeks eight weeks' time to deposit the enhanced award amount and on such deposit, the counsel for the appellant/claimant prays withdrawal of the same and are allowed. https://hcservices.ecourts.gov.in/hcservices/ 9. In the result, the Civil Miscellaneous Appeal is allowed as follows:- (i) The award of the Tribunal is enhanced to Rs.45,000/- from Rs.25,000/-. (ii) The enhanced amount of compensation of Rs.20,000/- will suffer interest at 7.5% per annum from the date of claim petition till date of deposit. However, the claimant is not entitled to interest for the period of 412 days in terms of the order of this court dated 23.10.2008 in M.P.No.1 of 2008. (iii) The second respondent is granted eight weeks' time to deposit the enhanced award amount. (iv) On such deposit the claimant/appellant is entitled to withdraw the enhanced award amount as ordered by this court. (v) There shall be no order as to costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar ts To 1. Principal Subordinate Judge, (Motor Accidents Claims Tribunal), Thiruvannamalai. + 1 CC to Mr.R.Raja Rajan, Advocate SR.NO.62374 + 1 CC to Mr.M.Vaidyanathan, Advocate SR.NO.62088 + 1 CC to Mr.M.B.Gopalan, Advocate SR.NO.62360 C.M.A.No.3396 of 2008 RSM(CO) EM/26.12.08 https://hcservices.ecourts.gov.in/hcservices/