(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.