IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.01.2009 CORAM:- THE HON'BLE MR. JUSTICE R. SUDHAKAR C.M.A.No. 4140 of 2008 ........ National Insurance Co.Ltd., No.751 Anna Salai, Chennai.2. .. Appellant/II respondent Vs. 1. R. Gangadurai @ Ramesh 2. Mrs. Malini Ramakrishnan .. Respondents/petitioner/ (2nd Respondent exparte before Lower Court) I Respondent Appeal filed under Section 173 of M.V. Act against the award and decree dated 30.11.2007 made in MCOP No. 2127 of 2003 on the file of the Motor Accident Claims Tribunal ( Additional District Court, Fast Track Court No.3) Chennai. For Appellant : Mr. N. Vijayaraghavan For Respondents : Mr. V. Mohan Choudary-R1 ......... JUDGMENT The National Insurance Company has filed this appeal challenging the award dated 30.11.2007 made in MCOP No. 2127 of 2003 on the file of the Motor Accident Claims Tribunal ( Additional District Court, Fast Track Court No.3) Chennai. 2. It is a case of injury. In the accident which happened on 21.2.2003, a 28 year old coolie by name Gangadurai @ Ramesh suffered right thigh multiple fracture, laceration and abrasion all over the body. The injured claimant was treated at Government Royapettah Hospital. He claimed a sum of Rs.3,00,000/- as compensation. 3. As per Ex.P2, discharge summary, he suffered fracture of the right shaft femur and multiple injuries. The Doctor-P.W.2 assessed the disability at 40%. The income was taken as Rs.100/- per https://hcservices.ecourts.gov.in/hcservices/ day taking note of the fact that the injured claimant is a coolie by occupation. Based on the oral and documentary evidence, the nature of injury, period of treatment and the disability assessed, the Tribunal granted the following amount as compensation with interest at the rate of 7.5% p.a. Sl.No. Head Amount granted by the Tribunal 1 Loss of income Rs. 9,000/- 2 Transport expenses Rs. 2,000/- 3 Extra nourishment Rs. 1,000/- 4 Pain and suffering Rs. 15,000/- 5 Loss of amenities of life Rs. 10,000/- 6 Permanent disablement and loss of earning power on account of 40% disability Rs. 75,000/- Total Rs.1,12,000/- 4. In appeal, it is contended that the amount of Rs.75,000/- granted by the Tribunal for loss of earning power for the disability is excessive. 5. Placing reliance on the Full Bench decision of this Court in Cholan Roadways Corporation Ltd. -v.- Ahmed Thambi reported in 2006(4) C.T.C. 433, the Tribunal granted a sum of Rs.75,000/- to the injured coolie under the head of loss of earning power due to permanent disability. The Tribunal has taken into consideration the injuries suffered by the claimant in detail, period of treatment and the hospital records before granting the compensation. The injured claimant, a coolie, has to earn by using his physical strength. The nature of injury will affect his earning capacity to some extent. Therefore, the Tribunal has rightly granted compensation for loss of earning power based on the disablement. Further, the amount granted for extra nourishment, pain and suffering and transport to hospital is meager. No amount has been granted for attender charges. 6. Considering all these factors, the total compensation does not require any further reduction as also the interest granted by the Tribunal at 7.5% as the accident happened in the year 2003 and the award was passed in the year 2007. There is no plea made by the counsel for appellant with regard to negligence or liability. 7. In the result, the civil miscellaneous appeal is dismissed. No costs. Consequently, M.P.No. 1 of 2008 is also dismissed. https://hcservices.ecourts.gov.in/hcservices/ 8. Learned counsel for the appellant seeks eight weeks time to deposit the award amount and the same is allowed. On such deposit, the claimant is entitled to withdraw the amount as per the order of the Tribunal. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ra To The Motor Accident Claims Tribunal, ( Additional District Court,- Fast Track Court No.3) Chennai. + 1 CC To Mr.Vijayaraghavan, Advocate SR NO.1509 CMA No.4140/2008 KLT {CO} TP/2.2.2009 https://hcservices.ecourts.gov.in/hcservices/