The claimant has filed this appeal seeking enhancement of compensation awarded to him.
2.The claimant suffered from serious multiple injuries and fracture in his limb. He was an inpatient for more than 47 days. The Tribunal awarded a sum of Rs.1,60,000/-. I am of the view that this compensation amount is inadequate and has to be enhanced . Admittedly, the appellant suffered 38% disability.
3.The compensation payable to him can be reworked as under: Sl.No.
Head Award Amount in Rs.
1. Disability 38% 76,000
2. Pain and sufferings 50,000
3. Extra Nourishment 44,000
4. Attender charges 20,000
5. Transportation expenses 10,000
6. Future Surgery 50,000
7. Loss of amenities 10,000 Total 2,60,000 Therefore, the compensation payable to the claimant is enhanced from Rs.1,60,000/- to Rs.2,60,000/-. The award dated 11.01.2008 made in M.C.O.P.No.2601 of 2002 on the file of Motor Accident Claims Tribunal, III Additional District and Sessions Judge (P.C.R.) Madurai is modified accordingly.
4.The second respondent is 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 twelve weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit being made, the claimant is permitted to withdraw the entire amount, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.
5.This Civil Miscellaneous Appeal is partly allowed. No costs.
To
1.The Motor Accident Claims Tribunal, III Additional District and Sessions Judge (P.C.R.) Madurai.
2.The Record Keeper, Madurai Bench of Madras High Court, Madurai.
.