R.GANDHIMATHI Vs. RAMASAMY

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal on hand is preferred against the judgment and decree dated 18.06.2018 made in M.C.O.P.No.1465 of 2016 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate Court, Namakkal.

(2.) The claimant is the appellant, filed the appeal, seeking enhancement of compensation.

(3.) The learned counsel appearing on behalf of the appellant/claimant mainly contended that the appellant was 45 years of age at the time of accident and she was working as a Coolie. The accident occurred in the year 2016 and the monthly salary fixed by the Tribunal is a sum of Rs.3,000/- which is certainly inadequate and improper. Even the said amount of Rs.3,000/- would not satisfy the principles laid down under the Minimum Wages Act . Therefore, the monthly income fixed by the Tribunal is to be enhanced. This apart, the Disability was assessed at 40% and a sum of Rs.3,000/- is granted for one percentage of disability. The Tribunal also committed an error in fixing a sum of Rs.3,000/- as is not in commensuration with the cost index of the year of the accident. Further, the other heads also require enhancement.