JUDGMENT :

(Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 to enhance the compensation awarded in the judgment and decree dated 15.04.2019 passed in M.C.O.P. No.685 of 2017 on the file of Motor Accidents Claims Tribunal/Special Subordinate Judge No.2, Salem.)

(Heard video conference)

1. Mr. J.Chandran, learned counsel undertakes to file vakalat on behalf of the 2nd respondent/Insurance Company.

This appeal has been filed by the claimant seeking enhancement of compensation under the impugned award dated 15.04.2019 passed by the Motor Accident Claims Tribunal (Special Subordinate Judge No.2, Salem) in M.C.O.P.No.685 of 2017.

2. The appellant/claimant unsatisfied with the quantum of compensation awarded by the Tribunal under the impugned award has preferred this appeal seeking for enhancement.

3. The details of the compensation awarded by the Tribunal under the impugned award are as follows:

4. Heard Mr.C.Thangaraju, learned counsel for the appellant/claimant and Mr.J.Chandran, learned counsel for the respondent/Insurance Company. Despite service of notice on the 1st respondent, there is no representation on his side.

5. This Court has perused and examined the impugned award before the Tribunal.

6. The appellant/claimant sustained (a) injuries in the right elbow, (b) injuries in left thumb finger, (c) Right leg foot injuries and (d) injuries all over his body.

7. The Medical Board has assessed his disability at 10% and the report of the Medical Board is marked as Court Ex C-1. The Tribunal has adopted the Multiplier method and has taken the disability of the appellant/claimant as 3.33% for the purpose of assessing the loss of income to the appellant due to his disability.

8. The Tribunal awarded a compensation of Rs.65,454/- towards loss of income to the appellant/claimant, which cannot be considered to be inadequate as alleged by the appellant/claimant. Therefore, the same is confirmed by this Court. However, this Court is of the considered view that the compensation awarded by the Tribunal under the heads (a) pain and suffering; (b) loss of amenities; (c) transport expenses; (d) extra nourishment expenses; (e) attendant charges; (f) damage to clothing are less and it has to be enhanced in the following manner viz., towards a) pain and suffering at Rs.10,000/-; (b) loss of amenities at Rs.10,000/-; (c) transportation expenses at Rs.5,000/-; (d) extra nourishment expenses at Rs.5,000/- (e) towards attendant charges at Rs.10,000/- (and) damage to clothing at Rs.2,000/-.

9. Insofar as the compensation awarded by the Tribunal towards medical bills at Rs.16,750/- is concerned, the same are supported by bills and only in accordance with the said bills the same was fixed by the Tribunal and therefore, there is no scope for any enhancement under the said head. This Court, therefore, confirms the compensation towards medical bills at Rs.16,750/- as fixed by the Tribunal.

10. For the foregoing reasons, the award of the Tribunal is hereby enhanced in the following manner: