The court has the authority to enhance compensation awards if it deems the initial award to be inadequate based on the nature and extent of the injuries sustained.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Decree and Judgement dated 03.01.2014 made in MACT.OP.No.5204 of 2011 on the file of the IV Judge, Motor Accidents Claims Tribunal (Small Causes Court), Chennai.)

1. The petitioner before the Tribunal below is the appellant herein seeking enhancement of the award passed in MACTOP.No.5204 of 2011 on the file of the Motor Accident Claims Tribunal, IV Small Causes Judge, Chennai.

2. The appellant herein had filed the above petition seeking compensation for the injuries sustained by him in a road accident on 22.07.2011, caused by the 1st respondent bus, insured with the 2nd respondent Insurance Company. By reason of the accident, the appellant had suffered crush injury to his right foot and compound fracture to the 1st to 5th Metatarsal and multiple injuries all over the body.

3. The 1st respondent remained ex parte.

4. The 2nd respondent had filed a counter inter alia denying the averments contained in the claim petition and questioning the age, income and injuries sustained by the appellant. That apart, the 2nd respondent had also contended that the claim was highly excessive.

5. The Tribunal by its award dated 03.01.2014 had held that the accident was caused only on account of negligence on the part of the driver of the 1st respondent's bus. The Tribunal after considering the injuries sustained by the appellant had proceeded to pass award for a sum of Rs.4,84,489/-, rounded off to Rs.4,84,500/-. The Tribunal had adopted percentage method for granting compensation under the head of disability and had adopted a sum of Rs.1,800/- per percentage.

6. Challenging the said award has been inadequate, the appellant is before this Court.

7. Mr.C.Munusamy, learned counsel appearing for the appellant would submit that the appellant was in Hospital for over 6 days and the amounts granted under the head of Transport to Hospital, Extra Nourishments, Attender Charges and Pain and Sufferings are very low. The learned counsel would submit that the amount taken for calculating the compensation for disability was also very low.

8. Mrs.R.Sreevidya, learned counsel appearing for the Insurance Company would submit that the award is commensurate to the injuries as well as the year in which the accident had taken place.

9. Heard the learned counsels and perused the records.

10. Admittedly, the appellant had sustained crush injury to his right foot and he is a Civil Engineer by profession. The Tribunal ought to have adopted a sum of Rs.3,000/- per percentage instead of Rs.1,800/-. Therefore, the amount under the head of Disability is enhanced to a sum of Rs.1,05,000/- (Rs.3000/- X 35%).

11. The appellant has been an inpatient for over 6 days. Therefore, the amount under the head of Transportation to Hospital is enhanced to a sum of Rs.15,000/-, Extra Nourishment to Rs.10,000/- and Attender Charges to Rs.13,000/-. In all other respects respects, the award of the Tribunal below is remained unaltered.

12. The award of the Tribunal below is re-worked as follows:

13. The respondents are directed to deposit the enhanced award amount along with interest and costs, less the amount already deposited within a period of six weeks from the date of receipt of a copy of this Judgement, to the credit of MACT.O.P.No.5204 of 2011. On such deposit, the appellant is permitted to withdraw the award amount, after adjusting the amount, if any, already withdrawn, by f