MINOR PRAVIN KUMAR Vs. CHINNAPALAM

JUDGEMENT

(1.) It is a case of injury. The manner of the accident is not in dispute. The Tribunal has awarded a sum of Rs.50,000/- towards pain and sufferings, Rs.1,75,000/- towards medical expenses, Rs. 15,000/- towards transportation, purchase of nutritious food, attender expenses, etc., Rs.25,000/- towards loss of amenities, Rs. 4,50,000/- towards future earning capacity, totally Rs.7,15,000/- as compensation. The Tribunal has directed the 2nd respondent / Insurance Company to pay the entire compensation amount with 9% interest per annum from the date of petition till the date of realization. The appellant / claimant has filed this appeal seeking to enhance the quantum of compensation.

(2.) The learned counsel appearing for the appellant / claimant would submit that the petitioner / claimant is a student, aged about 9 years. Due to accident, the petitioner / claimant lost his right leg. But, the Tribunal has taken the monthly income as Rs.2,500/- and he relied on a Judgment in Srikumaresh v. The Divisional Manager, National Insurance Company Ltd. and another reported in 2011(2) TN MAC Page 10, where for amputation of leg, Rs.12,00,000/- was ordered and prayed for enhancement. He also prayed for fixing the notional income as Rs.6,000/- per month.

(3.) The learned counsel appearing for the second respondent / Insurance Company would submit that the Tribunal has awarded excessive amount as compensation and therefore, the same need not be interfered with.