Challenging the quantum of compensation awarded by the Tribunal, by an order dated 08.09.2016, in M.C.O.P.No.2231 of 2007,the claimant has come up with this Civil Miscellaneous Appeal.
2. A perusal of the award would go to show that fixing monthly income @ Rs.4000/- per month and disability @ 50% and by adopting the multiplier of 16, the tribunal has awarded a sum of Rs. 3,84,000/- under the head disability. Whereas the learned counsel for the appellant contended that though the doctor has assessed the disability @ 80%, the tribunal has fixed disability only @ 50%.
4. However, considering the nature of injuries, as well as the fracture sustained by the petitioner, fixing 80% as disability, the compensation at Rs.6,14,000/- (48,000x16x80/100) is awarded under this head and the amount awarded under the head Loss of Amenities is enhanced to Rs.50,000/- and the transport expenses including future transport expenses is awarded at Rs.20,000/-
5. Considering the submissions made by the learned counsel appearing on either side, the compensation awarded by the Tribunal under various heads are revised as follows:
5. In the result, this appeal is partly allowed and Award dated 08.09.2014, in M.C.O.P.No.2231 of 2007 is enhanced from Rs.6,87,605/- to Rs.9,17,904/-, which shall carry interest @ 7.5% per annum from the date of petition till the date of deposit. The Second Respondent- Insurance Company is directed to deposit the enhanced award amount along with interest, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the same. No costs.
08.03.2017 arr To
1. The Branch Manager, National Insurance Co., Ltd., Manjakuppam, Cuddalore-1.
2. Motor Accident Claims Tribunal/Special Judge, Sub Court, Cuddalore PUSHPA SATHYANARAYANA,J arr C.M.A. No.1416 of 2016 08.03.2017 http://www.judis.nic.in