S KAMALAKANNAN Vs. M MANI

JUDGEMENT

(1.) BEING dissatisfied with the quantum of compensation of Rs.10,11,470/- awarded in M.A.C.T.O.P.No.1437 of 2002 for the injuries sustained by the claimant, the claimant has come forward with this appeal seeking for enhancement.

(2.) THE brief facts are that on 12.01.2002 at about 21.30 hours, when the claimant was travelling as a pillion rider in the motorcycle bearing Registration No.TN 21 D 3043 from Kancheepuram to Sunkuvarchatram along Grand West Trunk Road (NH4), near the junction of Keranallur Village Road, the lorry bearing Registration No.MDG 3381 driven by its driver in a rash and negligent manner came from the opposite direction and dashed against the motorcycle in which the claimant was travelling and then against another car. In the accident, the claimant sustained grievous injuries. THE claimant was immediately taken to Government Hospital, Sriperumpudur and given first aid. THEreafter, he has taken treatment in Sri Ramachandra Medical College Hospital as inpatient. A criminal case was registered in Crime No.17 of 2002 on the file of Sunkuvarchatram Police Station. THE claimant was aged 30 years at the time of accident. THE claimant has been doing Photo framing and Book binding work. Alleging that the accident was due to the rash and negligent driving of the lorry driver, the claimant had filed claim petition, claiming compensation of Rs.34 lakhs.

(3.) CHALLENGING the quantum of compensation, learned counsel for the appellant submitted that even after treatment, the right knee of the claimant is totally stiffened and that he cannot bend his knee and right leg is shortened by 8 c.m. and while so, the Tribunal erred in awarding only Rs.70,000/- for continuing permanent disability and Rs.2,00,000/- as compensation for the loss of earning power. It was further submitted that from the photo framing and book binding work, the claimant was earning Rs.6,000/- per month and the compensation of Rs.2 lakhs awarded for loss of earning power and Rs.70,000/- for permanent disability is very much less. It was further submitted that the claimant has to take future medical treatment and while so, the Tribunal has awarded very less amount of Rs.50,000/-. Learned counsel has also submitted that the Tribunal has not awarded any compensation for future transport expenses, mental agony due to the mal-functioning of the right leg and expenses for the attendants in future.