Point of law: Accident claim – Enhancement of compensation – Grant of compensation towards transportation charges and attender charges -

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the order and decree dated 06.02.2012 made in M.A.C.T.O.P.No.82 of 2011 on the file of the Motor Accident Claims Tribunal, District Court, Karaikal.)

1. This appeal is laid as against the judgment and decree dated 06.02.2012 made in M.A.C.T.O.P.No.82 of 2011 on the file of the Motor Accident Claims Tribunal, District Court, Karaikal, thereby awarded the compensation to the tune of Rs.2,42,000/-

2. For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal.

3. The case of the claimant is that on 17.03.2011, when he was travelling in the bike driven by the first respondent as a pillion rider, the first respondent suddenly applied brake as such, the claimant fell down and sustained injury on his head, right humerus and right femur. The claimant is a vegetable vendor at Nehur Market, Karaikal, and he is earning a sum of Rs.500/- per day. Due to the injuries sustained by him, he could not continue his avocation, since his disability assessed at 85%. Therefore, the claimant filed claim petition seeking compensation at Rs.3,00,000/-.

4. Resisting the same, the second respondent filed counter stating that the accident took place only because of the rider of the motor cycle. When an unknown person suddenly crossed the road, the rider of the motor cycle applied sudden brake as a result of which, the claimant fell down and sustained injuries. Therefore, the second respondent is not at all liable to pay any compensation and sought for dismissal of the claim petition.

5. On the side of the claimant, examined P.W.1 & P.W.2 and marked Ex.P.1 to Ex.P.10. On the side of the respondents neither oral nor documentary evidence was let in. On the basis of the evidence available on records and also considering the submission made by the learned counsel appearing on either side, the Tribunal awarded a sum of Rs.92,000/- as compensation payable by the respondents. Being not satisfied with the quantum of the compensation awarded by the Tribunal, the claimant came forward with the present appeal.

6. The learned counsel appearing for the appellant/claimant submits that the claimant is being the vegetables vendor, he could not continue his avocation, since he sustained fracture on his right humerus and right femur. His disability was assessed by P.W.2 at 85%, whereas the Tribunal has taken only 60% that too without applying multiplier method. The Tribunal has failed to award any compensation under the heads of transportation charges, attender charges. The claimant was earning a sum of Rs.500/- per day and he was not able to do his avocation for the past six moths. Even then, the Tribunal awarded a sum of Rs.2,000/- towards loss of income for two months. Therefore, he prayed for enhancement of the award amount.

7. Per contra, the learned counsel appearing for the second respondent contended that the disability of the claimant is only a temporary wound and it would not lead any discontinuation of avocation. If the claimant subjected for medical examination, it would come to light that he is fully fit for doing avocation as such, the Tribunal rightly awarded the compensation by giving Rs.1,000/- per percentage for disability. He further submitted that the Tribunal rightly awarded a sum of Rs.2,000/- under the head of loss of income for two months and a sum of Rs.5,000/- for extra nourishment. Therefore he prayed for dismissal of the present appeal.

8. Heard Mr.S.Sounthar, learned counsel appearing for the appellant/claimant and Mr.S.Arunkumar, learned counsel appearing for the second respondent.

9. The claimant and the first respondent were travelling in motor cycle on 17.03.2011. The first respondent had suddenly applied brake and due to which the claimant fell down from the vehicle and sustained head