The court held that the compensation awarded for personal injury must reflect fair and just assessments of pain, suffering, and disability, emphasizing fairness in compensation in motor accident claims.

JUDGMENT :

M.Dhandapani, J.

This appeal has been filed against the judgment and decree dated 21.02.2024 passed by the Motor Accidents Claims Tribunal, Special Sub Court No.II, Court of Small Causes, Chennai, in M.C.O.P.No.567 of 2021.

2.The learned counsel appearing for the appellant submitted that on 18.11.2020, at about 18.30 hours, the appellant was walking at G.S.T. Road near Maraimalai Nagar Dancy Bus Stop. At that time, an Ashok Leyland Van bearing Registration No.TN-87-5600 owned by the first respondent and insured with the second respondent came in a rash and negligent manner and hit the appellant, due to which, the appellant sustained injuries.

3.The learned counsel appearing for the appellant further submitted that thereafter, the injured claimant/ appellant filed claim petition before the Tribunal, claiming compensation of Rs.20 Lakhs. After adjudication, the Motor Accidents Claims Tribunal awarded a sum of Rs.1,78,000/- with interest at the rate of 7.5% p.a. from the date of petition i.e., 22.01.2021 till the date of payment and costs and directed the second respondent to deposit the compensation. Aggrieved by the same, the appellant claimant has filed this appeal for enhancement in compensation.

4.The learned counsel appearing for the appellant further submitted that the appellant has filed this appeal questioning the quantum of compensation awarded by the Tribunal. The learned counsel further submitted that the Medical Board assessed the disability of the appellant as 26% and at the relevant point of time Rs.9,000/- per percentage of disability was awarded, however, the Tribunal awarded only a sum of Rs.5,000/- per percentage of disability and awarded meagre compensation for disability which is not sustainable one and further submitted that the compensation awarded under the other heads also are meagre.

5.The learned counsel appearing for the second respondent Insurance Company submitted that the Tribunal after considering all the factual aspects, awarded the compensation which is just and reasonable and hence, the impugned judgment warrants no interference.

6.Heard the learned counsel appearing for the appellant claimant as well as the learned counsel appearing for the second respondent Insurance Company and perused the materials available on record.

7.This appeal has been filed only questioning the quantum of compensation awarded by the Tribunal. Hence, there is no need for any discussion with regard to negligence aspect.

8.The tribunal after elaborately discussing the factual aspects awarded a sum of Rs.1,30,000/- for part disability, Rs.20,000/- for pain and sufferings, Rs.10,000/- for loss of income, Rs.5,000/- for medical expenses, Rs.1,000/- for attender charges, Rs.2,000/- for transportation, Rs.5,000/- for loss of amenities, Rs.5,000/- for extra nourishment and arrived at a total compensation of Rs.1,78,000/- with interest at the rate of 7.5% p.a. from the date of petition i.e., 22.01.2021 till the date of payment.

9.The Medical Board assessed the disability of the injured claimant as 26% disability. At the relevant point of time Rs.9,000/- per percentage of disability was awarded. Hence, the amount awarded for disability works out to Rs.2,34,000/- [26% X Rs.9,000/- = Rs.2,34,000/-].

10.The amount awarded under the heads pain and sufferings, attendant charges and extra nourishment, in the opinion of this Court are low and this Court is inclined to enhance the amount awarded under the said head. Accordingly, the amount awarded for pain and sufferings is enhanced to Rs.50,000/- from Rs.20,000/-, the amount awarded for attendant charges is enhanced to Rs.10,000/- from Rs.1,000/-, the amoun