The claimant has filed this appeal seeking enhancement of compensation. He was an aeronautical engineering student. When he met with the accident in question, he was aged 21 years. The accident took place on 25.11.2010. He suffered fracture in the right leg. He incurred medical expenditure alone to the tune of Rs.71,000/- But, a mere Rs.98,000/- was awarded. It is woefully inadequate. The award passed by the Tribunal has to be necessarily modified. The compensation payable to the claimant can be reworked as follows :
2.The compensation payable to the claimant is enhanced from Rs.98,000/-
to Rs.2,26,000/-. The award dated 04.06.2012 made in MCOP.No.1089 of 2011 on the file of the Motor Accidents Claims Tribunal, 4th Additional District Judge, Tirunelveli is modified.
3.The respondents are directed to deposit the entire compensation amount with interest at the rate of 7.5% per annum from the date of petition till the date of realization and costs, within a period of six 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claimant is entitled to withdraw the same, by filing proper application before the Tribunal, less the amount already withdrawn by him, if any.
4.This Civil Miscellaneous Appeal is partly allowed. No costs.
To
1.The Motor Accidents Claims Tribunal, 4th Additional District Judge, Tirunelveli.
2.The Record Keeper, Madurai Bench of Madras High Court, Madurai.
.