SENTHAMIZHAN Vs. R RAJU AND ORS

JUDGEMENT

(1.) The petitioner / Senthamizhan, aged 26 years, salesman-cum-student, earning a sum of R.4,000/- per month, met with an accident on 12.06.2002. In respect of injuries sustained, especially the crush injury suffered over the left elbow, he filed a claim petition, claiming compensation of Rs.5,00,000/-.

(2.) The Tribunal quantified the compensation at Rs.1,03,400/- under the following breakup details:- <FRM>JUDGEMENT_345_LAWS(MAD)11_2013_1.html</FRM>

(3.) Learned counsel for the appellant / claimant submitted that the Tribunal did not consider the award of compensation, under the appropriate heads, which ought to have been considered in respect of any case of permanent disablement. It is pointed out that, when the claimant has suffered crush injury leading to external fixation of implant, the Tribunal should have considered the claim under the heads of, loss of enjoyment of amenities, cost of attendant and loss of income at least for a period of few months.