The claimant has filed this appeal seeking enhancement of compensation awarded to him by order dated 06.12.2013 made in MCOP.No.272 of 2011 on the file of the Motor Accidents Claims Tribunal, Additional Sub Court, Tirunelveli.
2.The claimant was a tailor by avocation. On account of the injury suffered in his right hand he is not able to move his hand. This is a case of functional disability. Therefore, the Tribunal rightly adopted the multiplier method. The respondent corporation did not file any appeal challenging the approach of the Tribunal. The Tribunal has taken monthly income of the claimant at Rs.3,000/-. The accident took place in the year 2011. Therefore, the monthly income ought to have been taken as only Rs.6,000/-.
3.The Tribunal awarded only a sum of Rs.4,48,656/- with interest. This appeal is restricted to a sum of Rs.3,00,000/-. Therefore, the appeal is allowed as prayed for. The compensation payable to the claimant would come to Rs.7,48,656/-. The award dated 06.12.2013 made in MCOP.No.272 of 2011 on the file of the Motor Accidents Claims Tribunal, Additional Sub Court, Tirunelveli is modified.
4.The respondent transport corporation is directed to deposit the entire compensation amount with interest at the rate of 7.5% per annum from the date petition till the date of realization and costs, 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claimant is permitted to withdraw the same, by filing proper application before the Tribunal, less the amount already withdrawn by him, if any.
5.This Civil Miscellaneous Appeal is allowed. No costs.
To
1.The Motor Accidents Claims Tribunal, Additional Sub Court, Tirunelveli.
2.The Record Keeper, Madurai Bench of Madras High Court, Madurai.
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