Challenging the quantum of compensation awarded by the Claims Tribunal, in M.C.O.P.No.457 of 2011, on 30-07-2013, the claimant has come forward with this Civil Miscellaneous Appeal.
2. Heard the submissions made by the learned counsel on either side and perused the materials on record.
3. A perusal of the award would go to show that P.W.2- Doctor, who examined the claimant has assessed the disability @ 26% and issued Ex.P9- disability certificate. But, the tribunal has fixed the disability @ 20% and taking a sum of Rs.2,000/- per percentage has awarded a sum of Rs.40,000/- towards disability.
3. Considering the nature of injuries suffered by the claimant, 26% is fixed as disability. It is seen that the accident is of the year 2011 and therefore taking a sum Rs.3,000/- per percentage a sum of Rs.78,000/- is awarded towards disability and also on considering the nature of injuries sustained, a sum of Rs.10,000/- is awarded towards attendant charges and another sum of Rs.10,000/- is awarded towards nutrition.
4. After hearing 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 13.06.2011, in M.C.O.P.No.457 of 2011 is enhanced from Rs.78,700/- to Rs.1,61,500/-, which shall carry interest @ 7.5% per annum from the date of petition till the date of deposit. It is represented that amount awarded by the Claims Tribunal has already been deposited. Hence, the Second Respondent- Insurance Company is directed to deposit the balance 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.
10.03.2017 arr To
1. The New India Insurance Company Ltd, Branch office, 66-C, North Car Street, Tiruchengode 637 211.
2. Motor Accident Claims Tribunal cum Subordinate Court, Sangagiri.
PUSHPA SATHYANARAYANA, J arr CMA.No.486 of 2017 10.03.2017 http://www.judis.nic.in