The claimant in MCOP.No.66 of 2013 on the file of Motor Accidents Claims Tribunal, Principal Subordinate Judge, Tirunelveli has filed this appeal seeking enhancement of compensation.
2.The claimant was an agricultural coolie. He had suffered fracture in the left leg as well as fracture in the left hand. He was an inpatient for more than two weeks. He had incurred medical expenditure alone at Rs.1,90,000/-. However, the Tribunal awarded a sum of Rs.3,85,930/- as compensation. Damages awarded under certain conventional heads is not adequate. I am therefore inclined to enhance the compensation payable to the claimant.
For pain and sufferings : Rs.30,000/-
Disability compensation : Rs.1,74,000/- (58%x3,000/-
Loss of amenities : Rs.70,000/- Medical expenditure : Rs.1,90,000/- ------------------ Total : Rs.5,26,500/- ------------------
3.The award dated 28.11.2014 made in MCOP.No.66 of 2013 on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Judge, Tirunelveli is modified.
4.The second respondent insurance company is directed to deposit a sum of Rs.5,26,500/- with interest at the rate of 7.5% per annum from the date petition till the date of realization and costs, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited if any. On such deposit, the claimant is permitted to withdraw the same, by filing proper application before the Tribunal, less the amount already withdrawn by him, if any.
5.This Civil Miscellaneous Appeal is partly allowed. No costs.
To
1.The Principal Subordinate Judge, Motor Accidents Claims Tribunal, Tirunelveli.
2.The Record Keeper, Madurai Bench of Madras High Court, Madurai.
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