P. KARTHIKEYAN Vs. K. KUMARESAN

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed to enhance the amount awarded by the Tribunal in EC.No.46 of 2021 dtd. 16/2/2023

(2.) The learned counsel for the claimant would submit that on 6/5/2020 as per the instructions of the 1st respondent, the claimant had travelled from Chennai to Hyderabad to drop his passengers. Further, while returning to Chennai on 7/5/2020, a buffalo had suddenly crossed the road and to avoid accident the claimant had turned the car to the left side and dashed against a wall, due to which he had sustained severe injuries. Considering all the aspects, the Tribunal had awarded the compensation in the following manner: Rs.15,000.00 (monthly income) * 60/100 (disability) * 48.3/100 (loss of earning) * 166.29 (multiplier) = Rs.7,22,863.00

(3.) He would also submit that due to the aforesaid accident, the claimant had sustained severe head injuries and thereby, he had lost his right side eye vision. For the said injuries, the disability was assessed at 48.3% by Medical Board. However, though the notional income was fixed as a sum of Rs.15,000.00 per month as per the Workmen Compensation Act, the Tribunal had failed to take disability as 100% while awarding compensation. Hence, he requested this Court to enhance the same.