NIROJA Vs. A SEKAR

JUDGEMENT

(1.) Heard the learned counsel appearing for both sides and perused the records carefully.

(2.) It is a case of injury. The manner of the accident is not in dispute. The appellant / claimant has filed this appeal seeking to enhance the compensation awarded by the Tribunal.

(3.) The learned counsel appearing for the appellant / claimant submitted that at the time of the accident, the appellant was doing B.Sc. 2nd year course. The appellant has sustained multiple fractures and injuries in the accident and the doctor has assessed permanent disability as 55%. The Tribunal, without adopting the multiplier method for arriving at the loss of income, has erroneously awarded a sum of Rs.1 lakh in lum sum towards the head of permanent disability, loss of earning capacity and mental agony. Therefore, he prayed this Court to adopt multiplier method by taking the notional income of the deceased as Rs.6,500/- p.m. and adding 40% of the income as future prospects. He would further submit that the Tribunal has awarded only a meagre sum of Rs.3,000/- towards the head of transportation, Rs.3,000/- towards nourishment and Rs.20,000/- towards pain and sufferings and therefore, the award passed under the said heads may be enhanced. He would further submit that the Tribunal has failed to award any amount towards attendant charges and therefore, some amount may be awarded under the said head. Thus, he prayed to enhance the award amount.