A claimant's permanent disability and medical expenses warrant a review and enhancement of compensation awarded by the tribunal.

1. This civil miscellaneous appeal has been preferred against the judgment and decree dated 8.1.2014 passed in MACT OP No. 2410 of 2009 by the appellant for enhancement of the award.

2. The brief facts of the claim petition are as follows:

(i) As per the claim petition, at the time of accident, i.e., on 14.1.2009, while the claimant along with her daughter was standing in the corner of the road (Anna Salai), Mount Road, the bus bearing registration No. TN 01 - N 7291, which belongs to the respondent transport Corporation, driven by its driver in a rash and negligent manner, hit the claimant and her daughter. Due to the said accident, the claimant sustained grievous injuries. Initially, the claimant was admitted in Apollo Speciality Hospital, Chennai from 14.1.2009 to 27.2.2009, thereafter from 15.4.2009 to 29.4.2009 and subsequently, from 29.4.2009 to 15.6.2009. Further, she has taken treatment at Vijaya Health Care Centre, Chennai for the period from 8.3.2010 to 13.3.2010 and in CMC Hospital, Vellore for the period from 8.11.2010 to 25.12.2010.

(ii) According to the claimant, at the time of accident, she was 34 years, she was employed as Assistant Manager in a private concern and earning a sum of Rs. 18,000 per month. Therefore, claimant has filed the claim petition, claiming a sum of Rs. 75,00,000 as compensation, before the Tribunal.

(iii) The transport Corporation, respondent herein, filed a counter contending that the injuries stated to have been sustained by the claimant are not severe and warranting reduction. It was also contended that due to negligence contributed by the claimant, without noticing the oncoming bus, the accident had occurred. Therefore, according to the transport Corporation, out of the compensation amount awarded, proper deduction has to be made towards contributory negligence. The transport Corporation also denied the monthly income of the claimant and other details furnished by her in the claim petition.

(iv) Before the Tribunal, six witnesses were examined and twenty - nine exhibits were marked on the side of the appellant and only one witness was examined and no document was marked on the side of the respondent.

(v) Based on the evidence and documents, the Tribunal found that due to rash and negligent driving of the respondent transport Corporation bus, the accident has occurred and hence, respondent is liable to pay the compensation as claimed by the claimant.

3. The Tribunal, after examining the witnesses and assessing the documents relied on before it, awarded the amount of Rs. 44,48,040 as total compensation under various heads together with interest at the rate of 7.5 per cent from the date of petition till the date of realization. The detail of compensation awarded under various heads is furnished below:

4. Aggrieved by the award passed by the Tribunal, the claimant has preferred the present civil miscellaneous appeal claiming enhancement in compensation.

5. The appellant has raised following grounds in the appeal:

(i) Even though the negligence is on the part of the driver of the respondent Corporation, the learned Judge has erred in awarding lesser amount of compensation.

(ii) The learned Judge has erred in not awarding adequate amount of compensation under the heads of loss of earnings for the period of treatment, medical expenses, loss of income to the family members, future medical expenses, loss of amenities of life and loss of expectation of life and pain and suffering.

(iii) The learned Judge has not considered future prospects of the claimant.

6. Heard the