Heard the learned counsel on either side.
2.The injured claimant had filed this appeal seeking enhancement of the compensation awarded to him by order dated 26.06.2014 made in M.C.O.P No. 386 of 2011 on the file of the Motor Accidents Claims Tribunal/ IV Additional Sub-Court, Madurai.
3.When the claimant was riding his two wheeler, the Scorpio car belonging to the first respondent herein and insured with the second respondent had dashed against him. The Tribunal has given a finding that the driver of the Scorpio Car was negligent. Therefore, the second respondent insurance company has been made liable to pay compensation to the claimant. But, the Tribunal has not awarded compensation under several relevant heads. Therefore, the compensation payable to the claimant will have to be enhanced.
4. In the accident, claimant had suffered fractures in his right hand as well as his right leg and he under went plastic surgery. He took treatment in Preethi Hospital, Madurai. He underwent three surgeries. He was also admitted as inpatient for about 31 days. The partial permanent disability suffered by the claimant was assessed at 70%. Therefore the compensation payable to the claimant will have to be re-worked as follows:
Sl.No Heads Amount in Rupees
1. Partial Permanent Disability Rs. 2,10,000/-
2.
Medical expenditure including future expenses Rs. 3,00,000/-
7.
Pain and sufferings Rs. 50,000/- 8. Loss of amenities Rs. 50,000/- Total Rs.7,15,000/-
5.The compensation awarded by the Tribunal is enhanced from Rs.2,49,734/- to Rs.7,15,000/-. The award dated 26.06.2014 made in M.C.O.P No.386 of 2011 on the file of the Motor Accidents Claims Tribunal/ IV Additional Sub Court, Madurai is accordingly modified.
6.The second respondent insurance company is directed to deposit the entire compensation amount of Rs.7,15,000/- 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 On such deposit, the claimant is entitled to withdraw the same, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.
7.The Civil Miscellaneous Appeal is partly allowed. No costs.
To
1.The Motor Accidents Claims Tribunal/ IV Additional Sub-Court, Madurai.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
.