Heard the learned counsel on either side.
2.The injured claimant has filed this appeal seeking enhancement of the compensation awarded to him. The claimant was an Engineering College student. In the accident in question, he suffered nasal fracture, fracture in his wrist and also lost five of his teeth. The doctor assessed the disability suffered by him at 53%. The Tribunal however took it only as 47%. It finally awarded a sum of Rs.2,45,735/- with interest. Considering the facts and circumstances of this case, the compensation payable to the claimant/appellant can be reworked as follows:-
Sl.No Heads Amounts in Rupees
1. For disability compensation
2.
For loss of amenities including marriage prospects Rs.1,00,000/-
Total Rs.3,60,000/-
3.Therefore, the compensation awarded by the Tribunal is enhanced from Rs.2,45,735/- to Rs.3,60,000/-. The award made in M.C.O.P.No.533 of 2013, dated 16.12.2013, on the file of the Motor Accident Claims Tribunal, Special Sub-Judge, Tirunelveli, is modified accordingly.
4.The second respondent is directed to deposit the entire compensation amount of Rs.3,60,000/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, 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 On such deposit, the claimant is entitled to withdraw the same, less the amount already withdrawn by him if any, by filing proper application before the Tribunal.
5.This Civil Miscellaneous Appeal is partly allowed. No costs. consequently, connected miscellaneous petition is closed.
To
1.The Motor Accident Claims Tribunal/ Special Sub-Judge, Tirunelveli.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
.