A MOHAN Vs. K GUNASEKARAN AND ANOTHER

JUDGEMENT

(1.) This Appeal is filed by the claimant against the order of the learned Judge passed in C.M.A.No.511/2001, dated 25.4.2001, confirming the award passed in M.C.O.P.No.733/1996.

(2.) The claimant while he was travelling in a Scooter TN-04-3950 on 29.9.1995 as a pillion rider, the driver of the autorickshaw bearing Regn. No.TN-01-B 0174 drove the vehicle rashly and negligently on Saidapet "Aattu Thotti Palam" and came on the wrong side, proceeded from North to South and hit the Scooter and thereby the appellant/claimant sustained injuries. The appellant, under Part I of the claim petition claimed a sum of Rs.7,500/- towards loss of earning, Rs.500/- towards transport to hospital, Rs.6,000/- towards extra nourishment, Rs.3,500/- towards cost of treatment, Rs.32,000/- towards cost of private treatment, Rs.10,000/- towards loss of amenities and enjoyment in life and Rs.10,000/- towards future treatment. Under Part II of the said Act, the appellant/claimant claimed a sum of Rs.10,000/- towards compensation for pain and suffering, Rs.75,000/- towards compensation for continuing permanent disability and Rs.1,20,00/- towards loss of earning power. In all, claimed a sum of Rs.2,75,000/-.

(3.) The Tribunal had fixed the compensation of Rs.47,784/- by awarding Rs.30,000/- towards partial and permanent disability as well as loss of income, Rs.5,000/- towards pain and agony, Rs.2,000/- for conveyance besides Rs.1,000/- towards food and nourishment. Even with respect to medical expenses on the basis of Exs.P2, P5, P6, P7 and P9, the Tribunal awarded a sum of Rs.9,784/-.