MINOR D.JOTHIMANI Vs. M.ABBAS

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the minor claimant represented by his mother against the Judgement and Decree dated 30.9.2003 made in MCOP.No.9/2002 by the Motor Accident Claims Tribunal, Perambalur for enhancement of the compensation.

(2.) PENDING the appeal, the minor claimant has attained majority and he has been declared as major by the order of this court dated 14.9.2012 in CMP.No.746/2012. No appeal has been filed by the owner or the Insurance Company. Therefore, only those facts which are necessary to decide the issue of quantum of compensation, are being set out in this judgement.

(3.) IT is apparent from the evidence led on behalf of the claimant that the injured claimant was hospitalized for nearly 16 days. Ex.P6 photos shows that he has suffered deformity on both the legs more particularly on the left leg. PW.2 Dr.Saravanan issued the disability certificate Ex.P7 which shows that the claimant has suffered 58 per cent permanent and partial. He has deposed that the claimant cannot sit, squat, carry weight and there was restriction of movements of both legs. There was ugly scar over left thigh about 4x3cm restricting left knee flexion 0 degree to 110 degree. He had further deposed that there was stiffness of both knees.