This Civil Miscellaneous Appeal has been preferred by the appellant/claimant against the award passed by the Tribunal to the tune of Rs.60,000/-(Rupees Sixty thousand only) as against the claim of Rs.2,50,000/- (Rupees Two Lakhs and fifty thousand only).
2. The learned Counsel for the appellant submitted that the second respondent Insurance Company did not file any appeal against the award and in fact, it accepted the award and deposited the amount before the Tribunal. The claimant alone aggrieved by the quantum of the compensation, has filed this appeal.
3. In view of the aforesaid facts, this Court deems that the second respondent Insurance Company did not question the liability fixed on it. The only question before this Court is as to whether the Tribunal rightly awarded the compensation based on the evidence available on record.
4. The learned Counsel for the appellant submitted that the appellant/claimant suffered the following injuries in the accident:
1)Abrasion of 3X2 cm over Right fore head.
2)Abarationof 3X2 cm over left check.
3)A lineor laceration of 2 cm over lower eyelit.
4)Right black eye, right sub-conjustial demarage.
5)A small laceration over upper lip.
6)Gelim over dorsum of left hand.
7)An irregular deep abarasion of 6X4 cm over dorsum of right foot.
8)O/E right of pupillary defect.
9)Commuted deprision fracture of right sub-arbital over the right arbit.
10)Diffused cereforal action with efusement of ventricular system. In view of the injuries caused in the accident, he is unable to do his day-to- day activities. He is also unable to look after the shop which he was running at the time of accident. He also proved the disability of 35% through Ex.P.3 and also through the evidence of P.W.2. In spite of that, the Tribunal awarded a sum of Rs.35,000/-(Rupees Thirty five thousand only) towards disability, a sum of Rs.20,000/-(Rupees Twenty thousand only) alone for medical expenditure, and a sum of Rs.5,000/-(Rupees five thousand only) towards extra nourishment.
5. A perusal of Ex.P.10 series, the medical bills, would show that the appellant proved, before the Tribunal that he took treatment and incurred expenditure to the tune of Rs.80,000/-(Rupees Eighty thousand only). The Tribunal did not award any amount under the conventional headings like pain and sufferings, transportation, loss of earning power.
6. As the P.W.2 elaborately spoke about the injuries sustained by the claimant and the disability caused to the claimant, the award of Rs.35,000/- (Rupees Thirty five thousand only) towards disability is very low considering the after effects of accident affecting his day-to-day life. Accordingly, the amount is enhanced to Rs.50,000/-(Rupees Fifty thousand only).
7. As far as medical expenditure is concerned, the Tribunal did not consider the documents, Ex.P.10 series, seriously and awarded only Rs.20,000/- (Rupees twenty thousand only). Hence, for medical expenditure, the amount is enhanced to Rs.50,000/-(Rupees fifty thousand only) from Rs.20,000/-(Rupees twenty thousand only).
8. Towards loss of earning, during the period of treatment, no amount was given by the Tribunal and hence, a sum of Rs.10,000/-(Rupees Ten thousand only) is given by this Court.
9. Towards pain and sufferings, no amount was given by the Tribunal and hence, a sum of Rs.20,000/-(Rupees Twenty thousand only) is given by this Court.
10. Since no amount was awarded towards travelling expenses, Rs.5,000/- (Rupees five thousand only) is being awarded.
11. As the injuries sustained by the appellant were clearly explained by P.W.2 and the same is exhibited through Ex.P.3 and the wounds required continuous treatment, and no amount was awarded in this aspect, a sum of Rs.10,000/- (Rupees Ten thousand only) is awarded by this Court.
12. Accordingly, the award of the Tribunal is modified as follows:
(i) Towards disability Rs. 50,000.00
(ii)Travelling expenses Rs. 5,000.00
(iii)Pain and suffering Rs. 20,000.00
(iv)For Medical Bills Rs. 50,000.00
(v) For loss of income Rs. 10,000.00
(vi)For future medical expenses Rs. 10,000.00
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Total Rs.1,45,000.00
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13. The Civil Miscellaneous Appeal is allowed enhancing the award amount from Rs.60,000/-(Rupees Sixty thousand only) to Rs.1,45,000/-(Rupees One Lakh and forty five thousand only). Consequently, the connected Miscellaneous Petition is closed. No Costs.
14. The learned Counsel for the second respondent/Insurance Company requests six weeks time for depositing the enhanced award amount. Accordingly, four weeks time is granted from the date of receipt of a copy of this order. On such deposit by the Insurance Company, the Tribunal is directed to pay the total amount to the claimants within ten days thereafter.
ssl To The Motor Accident Claims Tribunal, (Sub-Court), Sivakasi.