P M VENKATARAMAN Vs. G MARIMUTHU

JUDGEMENT

(1.) This appeal has been filed by the injured claimant against the judgment and decree dated 26.11.2014 made in M.C.O.P No.5941 of 2012 on the file of the Motor Accidents Claims Tribunal, (V Small Causes Court), Chennai, seeking for enhancement of compensation.

(2.) On 18.09.2012 at about 11 a.m, when the claimant was crossing the road at M.K.B Nagar, Vyasarpadi, Chennai, the motor cycle bearing Regn. No. TN 05 AQ 5519, driven by the first respondent, came in a rash and negligent manner and dashed the claimant. Due to the accident, the claimant sustained grievous injuries and was admitted in Apollo Hospital. The claim petition has been filed by the injured claiming a compensation of Rs. 6 lakhs from the respondents.

(3.) The learned counsel for the appellant/ claimant submitted that the Tribunal has failed to grant compensation towards loss of future earning power. According to the appellant/ claimant, at the time of accident he was earning Rs. 7500/- per month. Due to the accident, the appellant sustained fracture on left femur and hip replacement and so he underwent surgery at his old age. The disability assessed by PW-2 Doctor is 60%, which has also been accepted by the Tribunal. Hence, there is loss of future earning power. Whileso, the Tribunal has failed to grant any compensation towards future earning capacity. The Tribunal has erred in awarding a consolidated amount of Rs. 40,000/- towards Transport, Extra Nourishment and Damage to Clothes. The amount awarded under other conventional heads are also very low and hence, the claimants are before this court seeking enhancement of compensation.