T M PRABHAKARAN Vs. M P SURESH

JUDGEMENT

(1.) C.M.Appl.No.1331 of 2011 is to condone the delay of 480 days in filing an M.A.C.A. The M.A.C.A in turn is directed against the quantum of compensation awarded for personal injuries suffered by the claimant/appellant. As against the total claim of Rs.2 lakhs only an amount of Rs.22,300/- was awarded by the Tribunal. The Tribunal awarded the amount under the following heads: i) Loss of earning : Rs. 4,000.00 ii) Pain and suffering : Rs.11,000.00 iii) Loss of amenities : Rs. 4,000.00 iv) Medical and miscellaneous expenses : Rs. 3,000.00 v) Bystander's expenses : Rs. 300.00 ------------------- Total : Rs.22,300.00 ========

(2.) THE appellant had suffered fracture of the left clavicle and fracture of the mastoid process. He was an inpatient for a total period of 4 days. He claims to be an officer in Government service earning an income of Rs.6,500/-. No documents were produced to show the employment, the income or the period of leave of the appellant/claimant. THE Tribunal, in these circumstances, proceeded to award the amount of Rs.22,300/- as shown above.

(3.) AN amount of Rs.3,000/- was awarded under the composite head of transport to hospital and extra nourishment. We do not find any reason to interfere with the amount under that head also. It is significant that no documents to prove the nature of employment, quantum of monthly income and the period of involuntary non employment consequent to the suffering of the injury were produced before the Tribunal.