JUDGMENT :

K.GOVINDARAJAN THILAKAVADI, J.

1. The instant appeal is filed by the appellant, who is the claimant in MCOP No.490 of 2019, seeking enhancement of compensation awarded by the Tribunal.

2. According to the claimant, on 03.09.2019 at about 23.30 hours, he was standing on the road side of Poonamallee – Mount Trunk Road, in front of Poonamallee Government Hospital. At that time, the Tata Zest Car bearing Registration No. TN-63-BD 9655, driven from West to East direction in a rash and negligent manner, hit the claimant. In the impact, the claimant sustained a Left Radius Fracture and multiple injuries all over the body. Claiming a sum of Rs.2,00,000/- as compensation for the injuries sustained, he filed a claim petition in MCOP No.490 of 2019 before the Tribunal.

3. On notice, the second respondent/Insurance Company filed a counter statement contending inter alia that the claimant is bound to prove the age, income and other particulars stated in the claim petition. It was further contended that the driver of the first respondent’s Car did not drive the vehicle in a rash and negligent manner, as has been portrayed in the claim petition.

On the above grounds, the second respondent prayed for dismissal of the claim petition.

4. Before the Tribunal, the claimant examined himself as PW1 and marked Exs. P1 to P7 documents on his side. On behalf of the respondents, neither any witness was examined nor any document was marked. The disability certificate of the claimant was marked as Ex.C1.

5. On appreciation of the oral and documentary evidence, the Tribunal awarded a sum of Rs.25,000/- (Rs.5000 X 5%) towards Disability, Rs.5,000/- towards transportation and a sum of Rs.20,000/- towards Pain and Suffering. Thus, a total sum of Rs.50,000/- was awarded by the Tribunal as compensation.

6. Challenging the quantum of compensation awarded by the Tribunal as inadequate, the present appeal has been filed by the claimant seeking enhancement.

7. The learned counsel appearing for the appellant would contend that at the time of accident, the appellant was aged 37 years and was working as a Supervisor in a Super Market, earning a sum of Rs.20,000/- per month. Due to the injuries sustained in the accident, the appellant/claimant was unable to attend to his work as before. Immediately after the accident, the appellant was admitted in “Be Well Hospital” and underwent treatment. Thereafter, he had also taken native treatment at Puthur. According to the learned counsel for the appellant, the Tribunal failed to award just and reasonable compensation in favour of the appellant/claimant. It is submitted that the sum of Rs.25,000/- awarded towards Disability is grossly disproportionate to the nature of injuries sustained by the appellant. Similarly, the amount awarded towards loss of earning power is also not commensurate to the income earned by the appellant at the time of accident. Further, the sum of Rs.20,000/- awarded by the Tribunal towards Pain and Suffering is meagre and it warrants enhancement. The Tribunal did not award any amount towards Attender Charges and Extra Nourishment, which ought to have been granted. That apart, the sum of Rs.5,000/- awarded towards Transportation is very low and it calls for interference by this Court.

8. On the above contention, this Court heard the learned counsel appearing for the second respondent/Insurance Company and perused the records.

9. The respondents did not question the manner in which the accident had occurred as also the liability on their part. The present appeal is filed by the claimant seeking enhancement of compensation.

10. Upon hearing the submissions made by the learned counsel for the appellant/claimant, the claimant/appellant was 37 years at the time of accident and due to that accident, he could not discharge his duties as before. Though the appellant/claimant had claimed Rs.2,00,000/- as compensation, but the Tribunal awarded only a sum of Rs.50,000/-, which, according to the appellant is not befit