JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 seeking to set aside the Judgment and Decree dated 25.09.2018, made in M.C.O.P.No.658 of 2017, on the file of the Motor Accidents Claims Tribunal, Special Subordinate Court No.2, Salem by enhancing the award amount.)

(The case has been heard through video conference)

1. This appeal has been filed by the claimant seeking enhancement of compensation under the impugned Award dated 25.09.2018, passed by the Motor Accidents Claims Tribunal, Special Subordinate Court No.2, Salem in M.C.O.P.No.658 of 2017.

2. The appellant not satisfied with the quantum of compensation awarded by the Tribunal as well as fixing the contributory negligence at 20% on his part by the Tribunal, has preferred this appeal seeking for enhancement. Details of the compensation awarded by the Tribunal under the impugned Award are as follows:

3. As seen from the impugned award, no proper reasons have been given for fixing contributory negligence on the part of the appellant/claimant at 20%. The Tribunal under the impugned Award excepting for stating that the appellant/claimant has violated the terms and conditions of the insurance policy, has not given any specific reason as to which clause under the insurance policy, he has violated. Therefore, this Court is of the considered view that the fixing of contributory negligence on the part of the appellant/claimant by the Tribunal has to be set aside. Therefore, the fixation of the contributory negligence by the Tribunal on the part of the appellant/claimant at 20% is hereby set aside by this Court.

4. The appellant/claimant has sustained skull fracture, brain injury and multiple injuries all over his body. He has been hospitalized for 13 days and the discharge summary has also been marked as an exhibit before the Tribunal. The nature of injuries sustained by the appellant/claimant has not been disputed by the respondents and the period of hospitalization also has not been disputed. Therefore, this Court is of the considered view that the compensation awarded by the Tribunal towards pain and sufferings, loss of amenities, transportation, extra nourishment and attender charges is low and it has to be enhanced as the Tribunal has not given due consideration to the nature of injuries sustained by the appellant/claimant and his period of hospitalization.

5. After giving due consideration to the avocation and nature of injuries as well as the period of hospitalization, this Court enhances the compensation awarded by the Tribunal towards pain and sufferings from Rs.10,000 to Rs.20,000/-, towards loss of amenities from Rs.15,000/- to Rs.20,000/-, towards transportation from Rs.5,000/- to Rs.10,000/-, towards extra nourishment Rs.5,000/- to Rs.10,000/- and towards attender charges from Rs.7,500/- to Rs.20,000/-. In so far as the compensation awarded by the Tribunal towards medical expenses at Rs.2,15,984/- is concerned, the same is supported by medical bills and therefore the same is confirmed by this Court.

6. The Tribunal has failed to award any compensation towards loss of income to the appellant/claimant, which, it ought to have awarded considering the nature of injuries sustained by the claimant as well as his avocation. At least for a period of six months, the appellant/claimant would have been unable to do his regular avocation. The Tribunal has notionally fixed the monthly income of the appellant/claimant at Rs.10,000/- p.m. which is confir