The court has the authority to enhance compensation if it deems the awarded amounts to be inadequate. The pay and recovery theory can be applied when the driver is found to be without a valid license.

1. As the issue involved in all these appeals is one and the same, they are disposed of by way of this common judgment.

2. For the sake of convenience, the appellants in all the three appeals are being referred to by their names.

3. Assailing over the common judgment passed by the Motor Accident Claims Tribunal, (II Additional Sub Court), Nagercoil, Kanyakumari District, in M.C.O.P.Nos.43 to 45 of 2008, respectively, dated 17.12.2009, the present civil miscellaneous appeals have been filed.

4. Heard both sides and perused the records carefully.

5. It is a case of injury. On 27.08.2007, when the appellant in C.M.A.(MD)No.528 of 2012, namely, Balasundaram, rode his motorcycle, with his wife, namely, S.Malar/appellant in C.M.A.(MD)No.529 of 2012 and their minor daughter, namely, B.Bala Sineka/appellant in C.M.A.(MD)No.530 of 2012, as pillion riders, a tractor along with trailer, driven by the first respondent; owned by the second respondent; and insured with the third respondent dashed at the motorcycle. In consequence of the accident, the rider and the pillion riders fell down and got injured. All the appellants herein have individually filed claim petitions before the tribunal and the tribunal has awarded a sum of

Rs.1,27,671/- as compensation for T.Balasundaram;

Rs.1,52,130/- as compensation for S.Malar; and

Rs.9,868/- as compensation for B.Bala Sineka (Minor).

Being dissatisfied with the compensation awarded by the tribunal, the appellants/claimants are before this Court, seeking enhancement.

6. The mode of accident as well as the percentage of disability are not disputed. Due to the accident, T.Balasundaram sustained 15% disability; S.Malar sustained 20% disability, for which, compensation was awarded @ Rs.1,500/- per percentage of disability, which, in my considered opinion is meagre and therefore, the same warrants interference. It is seen from the records that for the motorcycle which got damaged in the accident, no compensation was awarded and the same deserves interference.

7. Due to the accident, the appellants herein have sustained grievous injuries and they had undertaken treatment at Sushrusha Hospital, both as inpatients for some time and also as outpatients, for which, they had also produced documents and the same were also proved before the tribunal. Moreover, S.Malar has underwent surgery and plates were placed, which were subsequently removed. The tribunal, after analyzing all the factors, has awarded a decent sum towards pain and sufferings, however, this Court feels that the same is a minimal one, comparing to the affliction faced by the appellants and therefore, this Court is inclined to enhance the compensation towards pain and sufferings.

8. On a perusal of the judgment and decree of the tribunal, this Court feels that other than these three heads (aforementioned), the compensation awarded by the tribunal is fair and reasonable and therefore, the same does not warrant any interference.

9. The compensation awarded by the tribunal in the aforementioned three heads, now stands modified as follows:

Appellants/Parties Head Compensation awarded by the tribunal Compensation fixed by this Court Difference in Compensation/Amount enhanced by this Court

T.Balasundaram Disability Rs.22,500/- Rs.30,000/- Rs.7,500/-

S.Malar (15% X Rs.1,500/-) (15% X Rs.2,000/-)

B.Bala Sineka (Minor) Rs.30,000/- Rs.40,000/- Rs.10,000/-

(20% X Rs.1,500/-) (20% X Rs.2,000/-)

NIL

T.Balasundaram

Pain and Sufferings Rs.10,000/- Rs.25,000/- Rs.15,000/-

S.Malar Rs.10,000/- Rs.30,000/- Rs.20,000/-

B.Bala Sineka (Minor) Rs.5,000/- Rs.10,000/- Rs.5,000/-

T.Balasundaram

Damages to the Vehicle NIL Rs.5,000/- Rs.5,000/-

S.Malar NIL

B.Bala Sineka (Minor) NIL

10. In result,

for T.Balasundaram, the compensation amount is fixed at Rs.1,55,171/- [Rs.1,27,671/- + Rs.27,500/- (enhanced by this Court)];

for S.Malar, the compensation amount is fixed at Rs.1,82,130/- [Rs.1,52,130/- + Rs.30,000/-(enhanced by this Court)]; and

for B.Bala Sineka (Minor), the compensat