ALEXANDER Vs. C MUGILAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the appellant/claimant against the Judgment and decree dated 14.10.2005 made in MCOP. No.490 of 2003 on the file of the Motor Accident Claims Tribunal, Fast Track Court No.IV, Poonamallee challenging the quantum of compensation awarded.

(2.) The brief facts of the Claim Application are as follows:

(3.) In the appeal, he would contend that the Tribunal has not considered the nature of injury sustained by the appellant. Disability has been assessed and certified by Doctor at 40% and the same was also marked as Ex.P10 has not been considered by the Tribunal. For disability, the Tribunal has awarded a meagre amount of Rs.30,000/- instead of Rs.2,00,000/- as claimed by the claimant. For loss of earning power, the Tribunal ought to have adopted appropriate multiplier taking into account his salary as Rs.5,000/-, a sum of Rs.6,00,000/-, but it has awarded only Rs.23,000/- under such head which is very meagre. For pain and suffering, the Tribunal awarded for a sum of Rs.25,000/- instead of Rs.1,00,000/- as claimed by the claimant, which is also inadequate.