1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2011 CORAM: THE HONOURABLE Ms. JUSTICE K.B.K.VASUKI C.M.A(MD)No.343 of 2011 Arulraj ... Appellant/Petitioner Vs. Tamil Nadu State Transport Corporation Limited, represented through its Managing Director, Byepass Road, Madurai. ... Respondent/Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1998 against the award dated 07.02.2010 made in M.C.O.P.No.738 of 2005, on the file of the Motor Accidents Claims Tribunal-cum-Additional District and Sessions Judge, Fast Track Court No.III, Madurai. For Appellants : M/s.R.Pon Karthikeyan For Respondent : No appearance JUDGMENT The learned counsel for the appellant is present and is heard. The respondent/Tamil Nadu State Transport Corporation Limited, Madurai, though duly served with notice, have not entered appearance either in person or through counsel before this Court. 2. The appeal is filed only for enhancement of the award of compensation of Rs.90,000/- as against the claim made for Rs.2 lakhs. According to the learned counsel for the appellant, permanent disability assessed by P.W.2/doctor on the basis of physical examination and other medical records is 48%, whereas, the Tribunal has without any basis and without assigning any reason, reduced the same to 40% and has awarded compensation of Rs.1,000/- per 1% of permanent disability and the same ought to have been Rs.2,000/- per one percentage. It is further argued by the learned counsel for the appellant that the Tribunal has also erred in not awarding any compensation for future medical expenses. 3. Perusal of the records reveal that the Tribunal on the basis of oral and documentary evidence adduced, awarded compensation under various heads as follows: 1. for permanent disability - Rs.40,000/- 2. for pain and suffering - Rs.20,000/- 3. for medical expenses - Rs.20,000/- 4. for incidental charges - Rs. 5,000/- 5. for loss of income - Rs. 5,000/- during the period of treatment ------------- TOTAL - Rs.90,000/- ------------- 4. This Court agrees with the view expressed by our High Court in the judgement reported in (1) Managing Director, Tamil Nadu State Transport Corporation(Division-2) Limited, Dharmapuri .vs. Senthilkumar reported in 2008(1) TN MAC 499 (2) United India Insurance Company Limited .vs. 1. https://hcservices.ecourts.gov.in/hcservices/ 2 Murugan 2. P.Ganesan reported in 2010(1) TN MAC 300 and having regard to the age of the claimant and the nature of the injuries sustained and nature of permanent disability suffered by him and the impact of the same upon his avocation as Plumber, is inclined to award Rs.2,000/- per one percentage of disability. Regarding the future medical expenses, the Tribunal having reduced the permanent disability from 48% as fixed by P.W.2/doctor to 40%, mainly on the ground that there is every possibility of the disability to be reduced in the event of proper physiotherapy treatment ought to have awarded reasonable amount towards future medical expenses and the same can be in my opinion fixed at Rs.10,000/-. Then, the total compensation awarded on different heads is as follows: 1. permanent disability - Rs. 80,000/- 2. pain and suffering - Rs. 20,000/- 3. medical expenses - Rs. 20,000/- 4. incidental charges - Rs. 5,000/- 5. loss of income Rs. 5,000/- (during the period of treatment) 6. future medical expenses - Rs. 10,000/- ----------- Total- Rs.1,40,000/- ----------- The same is payable with interest at 7.5% p.a. from the date of claim petition. 4. In the result, the Civil Miscellaneous Appeal is allowed with proportionate costs and the award, dated 07.02.2010 made in M.C.O.P.No.738 of 2005, on the file of the Motor Accidents Claims Tribunal-cum-Additional District and Sessions Judge, Fast Track Court No.III, Madurai is enhanced to Rs.1,40,000/- payable with interest at 7.5% p.a. from the date of claim petition. The respondent is directed to deposit the enhanced award amount within two months from the date of receipt of this order. On deposit of the amount into court, the first appellant/claimant is permitted to withdraw 50% of the award amount with entire costs and interest and the balance award amount is directed to be deposited in Fixed Deposit, in any one of the nationalised banks, for three years and the claimant is permitted to withdraw future accrued interest directly from the bank once in three months. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To The Motor Accidents Claims Tribunal -cum- Additional District and Sessions Judge, Fast Track Court No.III, Madurai. + 1 cc to Mr.R.Ponkarthikeyan, Advocate, SR No.11858 C.M.A(MD)NO.343 of 2011 30.03.2011 vsn RJ/10.6.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/