R.BABU Vs. R.BALU

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 28.9.2007 made in MCOP.No.403/2002 by the Motor Accident Claims Tribunal (FTC-I) Chenai, whereby the Tribunal, fastening negligence on the driver of the offending lorry, awarded a sum of Rs.70,000/- as total compensation with interest at 9 per cent p.a. from the date of the claim petition till the date of realization to the claimant/the Appellant herein for the injuries sustained by him in the motor accident that had occurred on 17.09.2001 as detailed below:-

(2.) MS .Salim Fathima, the learned counsel for the Appellant contended that the claimant was a plumping contractor and was earning Rs.10,000/- p.m. and there was permanent disability to an extent of 35 per cent as assessed by PW.3 Doctor Saichandran, but however, the Tribunal has not considered the resultant effect of the injuries suffered by the claimant and therefore, the compensation awarded is grossly inadequate and needs to be enhanced. The learned counsel also pointed out that no amount has been awarded towards of loss of amenities, attendant's charges and loss of income during the period of treatment for six months, when there is evidence to show that he was taking treatment as an inpatient as well as outpatient for at least six months.

(3.) NO amount has been awarded for the loss of amenities and attendant's charges and also for the loss of income during the period of treatment. Considering the nature of injuries and also the period of treatment, a sum of Rs.25,000/- towards loss of amenities, Rs.10,000/- of attendant's charges and Rs.20,000/- for the loss of income during the period of treatment for six months are awarded. The award amounts of Rs.25,000/- towards pain and suffering, Rs.10,000/- towards transportation charges and Rs.5000/- towards extra nourishment awarded by the Tribunal shall stand unaltered. In all, a sum of Rs.1,47,500/- as total compensation with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization for the enhanced amount is awarded to the claimant.