G GOVINDAN Vs. C DAVID

JUDGEMENT

(1.) THE claimant iu M.O.P. No. 26 of 1980, on the file of the Motor Accidents Claims Tribunal at Chengalpattu, not satisfied with the compensation awarded by the Tribunal, has filed this appeal.

(2.) BRIEF facts leading to the filing of the Claim are as under: The petitioner was working as a Lineman attached to Madras Electricity System at Tambaram. He was getting a salary of Rs. 541-50 p. On 17-8-1979, he was proceeding on a bicycle from north to south along the G.S.T. Road, near Tambaram. At Kadapperi at about 7-4S A.M., the Ambassador car bearing Registration No. MDL 2364, coming on the opposite direction, dashed against the claimant/appellant as a result of which the appellant sustained injusries and the cycle was damaged. The appellant was taken to General Hospital at Thambnram and his right leg was amputated. He was in-patient in the hospital from 17-84979 to 2-10-1979. As a Lineman, his job was toclimb pillars and posts for correcting the defectsin the line, to maintain power supply. As a result of the amputation, he could not do that job. Ke claimed a sum of Rs. 25,000 by way of compensation, under arious heads.

(3.) ON the question of quantum, the learned counsel for the Insurance Company submitted that the applicant cannot claim more than Rs. 25,000, the maximum amount claimed before the Tribunal. ON the other hand, learned counsel appearing for the appellant submitted that the consistent view taken by the various High Courts and the Supreme Court in the matter of interpreting the scope of S. 110-B of the Motor Vehicles Act, is to the effect that notwithstanding the defects of low claim made by the claimant, it is open to the Tribunal as well as the appellate court, to award enhanced compensation, if circumstances warrant, to satisfy the test of just and fair compensation. In support of his contention, he cited the following decisions: Sheikhupara Transport Co., Ltd. v. North India Transporters, Insurance Co. Ltd. 1 , D. Kannan v. Southern Roadways and another 2 , Anand Kumar Jain v. Union of India and another 3 , Sharifunnisa and others v. Basappa Ramchandra Date and others 4 , Kela Devi and another v. Ram Chand and others 5 , Municipal Corporation of Greater Bombay and another v. Kisan Gangaram Hire and others 6 , Narinder Kaur v. Jagan Nath and others 7 , and Municipal Board, Mount Abu and another v. Hari Lal 8 .