IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.12. 2008 CORAM:- The Hon'ble Mr. Justice R. SUDHAKAR C.M.A.No.3203 of 2007 and M.P.No.1 of 2008 S.Prabhu .. Appellant / Claimant Vs. 1. R.Sridhar 2. R.Sahadevan 3. IFFCO-TOKIO General Insurance co.Ltd., New Siddhapudur, Coimbatore -641 044 .. Respondents/Respondents Appeal filed under Section 173 of the M.V.Act against the award and decree dated 28.02.2007 made in M.C.O.P No.317 of 2005 on the file of the Motor Accidents Claims Tribunal,(Sub Court), Bhavani. . . . For Appellant : Mr.R.Neelakandan For respondent : Mr. N.Vijayaraghavan . . . J U D G M E N T The Claimant has filed this appeal against the award dated 28.02.2007 made in M.C.O.P No.317 of 2005 on the file of the Motor Accidents Claims Tribunal,(Sub Court), Bhavani, seeking enhancement of compensation. 2. It is a case of injury. The accident in this case happened on 30.06.2005. The injured claimant-Prabhul, aged about 19 years, employed in Sakthi June Bags, Bhavani suffered injury on the left side of the head and loss of eye sight in the left eye. He was treated at Loganathan Hospital at Erode. The disability was assessed at 30% under Ex P.13 He claimed a sum of Rs.4,00,000/- as compensation stating that his income was Rs.2,000/- per month. 3. In support of the claim, the injured claimant was examined as P.W.1 and Dr.Kanagasabai was examined as P.W.2. Documents were marked as Exs.P.1 to P.14. No documentary or oral https://hcservices.ecourts.gov.in/hcservices/ evidence was let in on the side of the appellant/respondent before the Tribunal. 4. The Tribunal fixed the income of the injured claimant at Rs.2,000/- per month. As against the claim of Rs.4,00,000/- the Tribunal granted the following amounts as compensation with 6% interest. Sl.N0 . Head Amount granted by the Tribunal. 1 Pain and suffering Rs. 25,000/- 2 Medical Expenses Rs. 11,188/- 3 Extra nourishment Rs . 5,000/- 4. Transport expenses Rs. 2,000/- Total Rs 43,188/- This appeal is filed seeking for enhancement of compensation. Notice was issued to the respondents, and the third respondent Insurance Company appeared through counsel, Mr. Vijayaraghavan. 5. The nature of injury, disability assessed, age, occupation and the income of the injured claimant are not in dispute. The only contention of the counsel for the appellant is that no amount was granted for permanent disability, loss of income during the period of treatment and for attendant charges. 6. Considering the nature of injury which is to the left side of the head, loss of vision to one eye at an young age of 19, the claimant is entitled to just compensation for disability assessed at 30 %, loss of income during the period of treatment and for attendant charges. Accordingly, as suggested by the counsel for the third respondent, Insurance Company, the Award is enhanced as follows: Sl.N0 . Head Amount granted by this court 1 Pain and suffering Rs. 25,000/- 2 Medical Expenses Rs. 11,188/- 3 Extra nourishment Rs. 5,000/- 4. Transport expenses Rs. 2,000/- 5 Permanent disability of 30% Rs. 30,000/- 6. Loss of income during the period of treatment Rs. 6,000/- https://hcservices.ecourts.gov.in/hcservices/ Sl.N0 . Head Amount granted by this court 7 Attendant charges Rs 3,000/- Total Rs 82,188/- The award of the Tribunal is enhanced to Rs. 82,188/- from Rs.43,188/- The enhanced compensation also bears interest at 6%p.a. 7. In the result, this Civil Miscellaneous Appeal is allowed as follows: i) The award of the Tribunal is enhanced to Rs.82,188/- from Rs.43,188/-. The interest at 6% p.a. Awarded by the Tribunal is confirmed. ii) Learned counsel for the third respondent,Insurance company seeks eight weeks' time to deposit the entire amount and the same is allowed. On such deposit, The claimant is permitted to withdraw the amount as determined by this Court with accrued interest. iii) No cost. iv) Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar PAL To 1. The Motor Accidents Claims Tribunal, Sub Court, Sankari at Salem Disrict 2. The Record Keeper, V.R.Section, High Court, Madras 1 cc To Mr.R.Neelakandan, Advocate, SR.68832 1 cc To Mr.N.Vijayaraghavan, Advocate, SR.69141 CMA No. 3203 of 2007 VSV(CO) SRA(29/01/2009) https://hcservices.ecourts.gov.in/hcservices/