C. R. ARUN PANDIAN Vs. A. BALASUBRAMANIAM

JUDGEMENT

(1.) Terming the award of Rs.1,42,000.00 as compensation for the injuries suffered by him in a Motor Accident that occurred on 21/3/2010, the claimant is on appeal.

(2.) The factum of accident and the question of negligence are not in dispute in as much as the Insurance Company has accepted the award. On the quantum of compensation Mr.M.Sivakumar, learned counsel appearing for the claimant/appellant would vehemently contend that the Tribunal was not right in granting only Rs.2,000.00 per percentage of disability. He would submit that since the accident had taken place in the year 2010, the Tribunal ought to have awarded Rs.3,000.00 per percentage of disability. The said contention of the learned counsel is reasonable and deserves acceptance.

(3.) The Tribunal has awarded Rs.60,000.00 towards pain and suffering, Rs.10,000.00 towards extra nourishment, Rs.10,000.00 towards Transportation and Rs.2,000.00 towards damage to clothing. I am of the considered opinion that the compensation for per percentage of disability should be taken at Rs.3,000.00 and not Rs.2,000.00 if so worked out compensation for disability would be Rs.90,000.00 as against Rs.60,000.00 awarded by the Tribunal. The award on heads of pain and suffering, transportation and extra nourishment and damage to clothing are confirmed. The Tribunal has not awarded any amount towards assistance. I am of the opinion that a sum of Rs.8,000.00 should be awarded towards assistance.