The claimant is the appellant herein seeking an enhancement of the award passed in MACTOP No.3696 of 2014 by the V, Judge Motor Accidents Claims Tribunal, (Court of Small Causes), Chennai.

2. The only grievance of the claimant is that though the accident is of the year 2014 and the petitioner has sustained disability which has been assessed at 45% by the doctor who was examined as P.W.2 and the disability certificate marked as Ex.P.10, the Tribunal has only adopted a sum of Rs.3,000/- per percentage to arrive at a compensation for disability and the Tribunal ought to have adopted a sum of Rs.4,000/- per percentage as compensation.

3. Heard the counsels.

4. The petitioner has sustained the following injuries.

"Multiple Superficial injuries, Deep laceration, fracture head of right 4th metacarpal, fracture PPX right ring finder with comminuted fracture lateral margin of right patella, inferolateral portion of lateral condyle right femur."

P.W.2 has given a disability certificate wherein he has assessed the disability at 45% on account of the following injuries:-

"The disability sustained by the petitioner due to the right 4th M.C.Fracture, right 4th PP4 fracture, right patella fracture comminuted and wound debridement."

5. Though the Tribunal was correct in assessing the disability on percentage basis however while calculating the compensation under the head of disability has taken only a sum of Rs.3,000/- per percentage which is on lower side, therefore, a sum of Rs.4,000/- per percentage is granted. Therefore, the award is modified only under the head of compensation for disability by awarding a sum of Rs.4,000/- per percentage and therefore the petitioner would be entitled to a total compensation of Rs.1,60,000/- as against the Rs.1,20,000/-. In all other respects the award of the Tribunal remains unaltered.

6. Therefore, the reworked compensation would be as follows:-

7. Therefore, the Civil Miscellaneous Appeal is partly allowed and the award of the Tribunal be and hereby is enhanced to a sum of Rs.3,22,000/- from Rs.2,82,000/- together with interest @ 7.5 % per annum from the date of petition till the date of deposit. In all other aspects the award of the nd Tribunal is confirmed. The 2 respondent/insurance company is directed to deposit the said amount (Rs.3,22,000/-) to the credit of M.A.C.T.O.P.No. 3696 of 2014 on the file of the Motor Accidents Claims Tribunal, V, Judge Motor Accidents Claims Tribunal, (Court of Small Causes), Chennai.

together with interest @ 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, within a period of six weeks from the date of receipt of a copy of this Judgement. On such deposit being made, the petitioner is permitted to withdraw the award amount now determined by this Court, along with interest and costs, after adjusting the amount if any already withdrawn. The Tribunal shall not disburse the amounts until proof of payment of the Court fee is produced by the claimant/petitioner failing which the Tribunal shall get a confirmation from this Court that the Court fee has been paid. No costs. Consequently, the connected Miscellaneous Petition is closed.

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