This Cross Objection has been filed against the award dated 07.06.2007 made in M.C.O.P.No.73 of 2006, on the file of the Motor Accident Claims Tribunal ? Sub Court, Aruppukkottai.
2. Heard the learned Counsel for the Cross Objector and there is no representation on behalf of the respondent.
3. The disability sustained by the Cross Objector has been assessed at 62% by the Doctor and the same has been accepted by the Tribunal. The Tribunal has granted a sum of Rs.1,24,000/- (Rupees One Lakh and Twenty Four Thousand only) at the rate of Rs.2,000/- (Rupees Two Thousand only) for 1% of disability. I do not see any reason to enhance the same.
4. However, the Tribunal has granted only a sum of Rs.10,000/- (Rupees Ten Thousand only) towards pain and suffering. Admittedly, the Cross Objector was inpatient at Madurai Rajaji Government Hospital for nearly a month and it is also seen from the medical records produced that he has suffered internal injuries in the brain and there is oozing of blood on the left side of the brain. The Doctor has also deposed that the functioning of the right limbs of the Cross Objector is not perfect and there is a facial disfigurement also. Considering the above, I find that the award of Rs.10,000/- (Rupees Ten Thousand only) for pain and sufferings is very much on the lower side and it would be proper to enhance the same to Rs.50,000/- (Rupees Fifty Thousand only).
5. The Tribunal has found that the Cross Objector has been in inpatient in Madurai Rajaji Government Hospital from 28.09.2005 to 17.10.2005. However, the Tribunal has not granted any amount towards attender's charges and therefore, the Cross Objector will be entitled to Rs.10,000/- (Rupees Ten Thousand only) towards attender's charges and also another sum of Rs.10,000/- (Rupees Ten Thousand only) towards future medical expenses.
6. Thus, the award of the Tribunal is enhanced as follows: Heads Amount (Rs.) For Permanent Disability ? 62% 1,24,000.00 For Pain and Sufferings 50,000.00 For Nutrition 3,000.00 For Transportation Charges 1,000.00 For Attender's Charges 10,000.00 For Future Medical Expenses 10,000.00 Total 1,98,000.00
7. In the result, this Cross Objection is allowed and the award of the Tribunal is enhanced as above. The respondent/Transport Corporation shall deposit the award amount with interest at 7.5% per annum from the date of petition till date of payment, less the amount already deposited, to the credit of M.C.O.P.No.73 of 2006 on the file of the Motor Accident Claims Tribunal ? Sub Court, Aruppukkottai, within a period of twelve weeks from the date of receipt of a copy of this judgment. The Cross Objector is permitted to withdraw the amount already deposited by the respondent/Transport Corporation. No costs.
To
1.The Motor Accident Claims Tribunal ? Sub Court, Kulithalai.
2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai..