I.HYDER ALI Vs. S.ASHWIN SUNDAR

JUDGEMENT

(1.) This Appeal is filed by the claimant for enhancement of compensation.

(2.) The facts of the case is that, on 17.05.2011, at about 02.45hrs, when the claimant was on duty as Security Guard at Toll plaza, Perungudi, Rajiv Gandhi Salai, the mixer-lorry bearing registration No.TN-10-U-3895, hit the cement slab and ran over the right leg of the claimant. The claimant sustained fracture of right leg, laceration of left ankle and injuries over the body. He was admitted at Government Hospital, Chennai, as inpatient from 17.05.2011 to 17.06.2011, at VHS Hospital, Adyar, Chennai, from 15.11.2011 to 29.12.2011 and at Star light Hospital for 2 days. He underwent three surgeries on 17.05.2011, 13.06.2011 and 20.07.2011.

(3.) The Tribunal, based on his salary slip Ex.P.10 and letter from his employer awarded a sum of Rs.78,000/- (Rs.6,000 x 13 months), for loss of income during the treatment period. Based on the disability certificate Ex.P.15 awarded Rs.90,000/- (Rs.3,000 x 30%) for partial permanent disability caused due to the fracture of right tibia. Based on the medical bills, a sum of Rs.2,13,000/- was awarded. Under other non-conventional heads like pain and suffering, trauma and loss of amenities, transport charges and attender charges about Rs.1,30,000/- was awarded. In total, he was awarded a sum of Rs.5,08,500/- with 7.5% from the date of numbering the petition i.e., ( 01/08/2011) till the date of deposit.