R.RAJENDRAN Vs. R.MURUGAN (DIED)

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.1,52,395/- towards medical expenses, Rs.3,500/- towards transportation charges, Rs.

(2.) ,500/- towards nutrition, Rs.15,000/- towards pain and sufferings and Rs.90,000/- towards disability, totally Rs.2,63,395/- as compensation. The Tribunal has directed the 3rd respondent / Insurance Company to pay the entire compensation amount with 7.5% 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 due to accident, the claimant has sustained 70% partial permanent disability, but the Tribunal has awarded only a meagre sum towards pain and sufferings and nutrition. He would further submit that as per the decision of the Hon'ble Supreme Court in Vimal Kanwar Vs. Kishore Dan, reported in 2013(1) TN MAC 641 (SC), the claimant is entitled to Rs.3000/- per percentage of disability, but the Tribunal has awarded only Rs. 1500/- per percentage of disability. Thus, he prayed to enhance the award amount.

(3.) The learned counsel appearing for the third respondent / Insurance Company strenuously submitted that the Tribunal has awarded a reasonable amount as compensation and therefore, the same need not be interfered with.