SELVARANI Vs. JEYALAKSHMI

JUDGEMENT

(1.) Assailing over the judgment and decree passed by the Motor Accident Claims Tribunal, Additional Subordinate Court, Thanjavur, in M.C.O.P.No.38 of 2009 dated 28.11.2012, the present civil miscellaneous appeal has been filed.

(2.) Heard the learned Counsel appearing on either side and perused the records carefully.

(3.) It is a case of injury and the claimant/injured, being dissatisfied with the compensation of Rs.1,27,000/- awarded by the tribunal, is before this Court, seeking enhancement. According to the appellant/claimant, she was working as women Mazdoor (Chittal) in building construction work and she is earning Rs.4,500/- per month, at the time of accident, she was aged about 41 years and has sustained 42% of disability in the accident. The tribunal has also taken 42% but awarded only a meagre sum of Rs.42,000/- and therefore, he prays for enhancement. It is his further case that the tribunal ought to have awarded extra nourishment, attendant charges and loss of income and the tribunal ought to have awarded a sum of Rs.1,00,000/- towards pain and suffering, however, a meagre sum was awarded under that head.