The Civil Miscellaneous Appeal is filed for enhancement of compensation granted by the Tribunal in the award dated 08.03.2019 made in 1/8 https://www.mhc.tn.gov.in/judis/ C.M.A.No.301 of 2020 M.C.O.P.No.4050 of 2015 on the file of Motor Accident Claims Tribunal, II Additional Sub Court, Cuddalore.

2.The appellant is claimant in M.C.O.P.No.4050 of 2015 on the file of Motor Accident Claims Tribunal, II Additional Sub Court, Cuddalore. She filed the said claim petition claiming a sum of Rs.10,00,000/- as compensation for the injuries sustained by her in the accident that took place on 26.09.2015.

3.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the omni bus belonging to the 1st respondent and directed the 2nd respondent/Insurance Company being insurer of the said omni bus to pay a sum of Rs.1,96,500/- as compensation to the appellant.

4.Not being satisfied with the amounts awarded by the Tribunal, the appellant has come out with the present appeal seeking enhancement of compensation.

5.The learned counsel appearing for the appellant contended that the 2/8 https://www.mhc.tn.gov.in/judis/ C.M.A.No.301 of 2020 appellant was a vegetable vendor and was earning a sum of Rs.35,000/- per month. The appellant suffered fracture on right leg knee and multiple injuries all over the body. Due to the injuries, she could not do the work as she was doing earlier. The Medical Board has assessed the disability of the appellant as 20%. The Tribunal ought to have adopted multiplier method to award compensation towards loss of earning capacity. The appellant has taken treatment as in-patient in the hospital for fifteen days. The Tribunal has not awarded any compensation towards attendant charges. The appellant is still taking physiotherapy treatment for the injuries and the Tribunal ought to have awarded compensation towards future medical expenses. The amounts awarded by the Tribunal under different heads are meagre and prayed for enhancement of compensation.

6.The learned counsel appearing for the 2nd respondent/Insurance Company made his submissions supporting the award passed by the Tribunal and prayed for dismissal of the appeal.

7.Heard the learned counsel appearing for the appellant as well as the 3/8 https://www.mhc.tn.gov.in/judis/ C.M.A.No.301 of 2020 learned counsel appearing for the 2nd respondent/Insurance Company and perused all the materials available on record.

8. It is the contention of the appellant that she suffered fracture on right leg knee and multiple injuries all over the body. Due to the injuries, she could not do the work as she was doing earlier. The Medical Board has assessed the disability of the appellant as 20%. The Tribunal considering the same, awarded a sum of Rs.60,000/- (Rs.3,000/- X 20%) towards loss of earning capacity at the rate of Rs.3,000/- per percentage of disability. The appellant has not proved that she suffered functional disability and there is loss of earning capacity. Therefore, the percentage method adopted by the Tribunal is proper. This Court by judgment dated 09.01.2020 made in C.M.A.No.4870 of 2020 in the case of M/s.IFFCO TOKIO General Insurance Company Limited vs. Venkatesh and another ), fixed a sum of Rs.4,000/- per percentage of disability for the accident occurred in the year 2014 & 2015 and a sum of Rs.5,000/- per percentage of disability for the accident occurred from the year 2016 onwards, due to raise in cost of living. In the present case, the accident is of the year 2015. In view of the same, a 4/8 https://www.mhc.tn.gov.in/judis/ C.M.A.No.301 of 2020 sum of Rs.4,000/- is awarded per percentage of disability. Thus, the compensation awarded by the Tribunal towards loss of earning capacity is enhanced to Rs.80,000/- (Rs.4,000/- X 20%).

8(i).According to the appellant, she has taken treatment as in-patient in the hospital from 26.09.2015 to 29.09.2015, 01.10.2015 to 09.10.2015 and 10.11.2015 to 11.11.2015 for 15 days. The Tribunal has not awarded any amount towards attendant charges. Considering the period of treatment taken by the appellant, a sum of Rs.20,000/- is awarded towards attendant charges. The sum of Rs.5,000/-, Rs.10,000/- and Rs.20,000/- awarded by the Tribunal towards transportation, extra nourishment and pain & suffering are meagre. Considering the nature of injuries sustained by the appellant, the compensation awarded by the Tribunal towards transportation, extra nourishment and pain & suffering are hereby enhanced to Rs.15,000/-, Rs.20,000/- and Rs.30,000/- respectively. The appellant has not produced any document to prove that she is taking physiotherapy treatment and therefore, she is not entitled to any compensation towards future medical expenses. The amounts awarded by the Tribunal under all other heads are just and 5/8 https://www.mhc.tn.gov.in/judis/ C.M.A.No.301 of 2020 reasonable and hence, the same are hereby confirmed. Thus, the compensation awarded by the Tribunal is modified as follows:

25.02.2020 Index : Yes / No Internet : Yes/ No kj V.M.VELUMANI, J., 7/8 https://www.mhc.tn.gov.in/judis/ C.M.A.No.301 of 2020 kj To

1.The Additional Subordinate Judge The Motor Accident Claims Tribunal Cuddalore.

2.The Section Officer V.R.Section High Court, Chennai.

C.M.A.No.301 of 2020

25.02.2020 8/8 https://www.mhc.tn.gov.in/judis/