3. The Tribunal has awarded a sum of Rs.10,000/- towards extra-nourishment, medical expenses, transport expenses altogether and Rs.7,500/- towards pain and sufferings. The Tribunal has relied upon the evidence of P.W.6-Dr.Ravindran, who has certified disability at 30%. But, it has chosen to award only a sum of Rs.15,000/- towards disablement compensation. The total award is only Rs.32,500/-. The said award is under challenge in this appeal.
4. The main contention of the learned counsel for the appellant is that when the disablement is 30%, the compensation should have been awarded at the rate of Rs.2,000/- per percentage of disability and in that event, Rs.60,000/- would be appropriate towards disablement compensation and pain and sufferings should have been at least at Rs.10,000/-, having regard to the foot injury suffered by the claimant.
4.1. It is pointed out by the learned counsel for the appellant that loss of enjoyment of amenities has not been considered at all, when the claimant is a young man.
5. Having regard to the nature of the job, the disablement of 30% would have adverse impact upon his earning capacity. Considering the same, loss of earning capacity is awarded at Rs.60,000/- (Rs.2,000/= x 30%) and award of Rs.10,000/- is exclusively towards pain and suffering and Rs.5,000/- is awarded towards Medical expenses and Rs.5,000/- is awarded towards Transport expense.
6. Therefore, the award is enhanced from Rs.32,500/- to Rs.80,000/-, payable along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit.
7. In the result, this Civil Miscellaneous Appeal is allowed. No costs.
8. The Transport Corporation is directed to deposit the entire amount of compensation, less the amount already deposited if any, along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit, within a period of four weeks from the date of petition till the date of realization. On such deposit, the claimant is permitted to withdraw the same. The claimant shall pay the court fee due, if any.
22.02.2017 ogy Index : Yes / No. To
1. The Motor Accident Claims Tribunal (Chief Judicial Magistrate), Tiruvanamalai.
Dr.S.VIMALA, J.
ogy C.M.A.No.320 of 2017 22.02.2017 http://www.judis.nic.in