P.VAIRAMUTHU Vs. R.KARUNANITHI

JUDGEMENT

(1.) The claimant, who is said to have been suffered 50% disability in a road accident that took place on 19.11.2016 has come forward with this appeal seeking enhancement of compensation awarded to him.

(2.) The brief facts are that on 19.11.2016 the claimant was travelling as a passenger in a car, which met with an accident when a lorry bearing Registration No.TN 01 K 0239 collided with it. In that accident, the claimant suffered cervical spinal injury. Based on Ex.X1 report of the medical board, the Tribunal has determined the disability at 50% and awarded a sum of Rs.5,85,807/-. Out of this, the compensation awarded for disability per se was calculated at Rs.3,500/- per percentage. Aggrieved by this process of assessment of compensation, the claimant has preferred this appeal.

(3.) The learned counsel for the appellant/claimant would contend that the appellant/claimant was manufacturing and vending sweets and savouries, that he was barely 39 years old when the accident took place, that due to spinal injury his motor activities are considerably lost and that the Tribunal ought to have adopted multiplier method and reckoned the disability as a functional disability rather than an ordinary disability.