The court enhanced compensation based on revised assessments of injuries, considering the claimant's actual needs and medical evaluations.

Judgment

This Civil Miscellaneous Appeal has been filed by the claimant seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal in M.C.O.P.No.595 of 2020 dated 14.06.2024 on the file of the learned II Judge, Court of Small Causes, Motor Accidents Claims Tribunal, Chennai.

2.It is the case of the claimant that he sustained grievous injuries in a road accident that occurred on 25.01.2020 involving a Water Tanker Lorry bearing Reg.No.TN-01-X-3700. The Tribunal, after considering the evidence on record, held that the accident occurred due to the rash and negligent driving of the driver of the said tanker lorry and directed the Insurance Company to pay a total compensation of Rs.1,54,000/- with interest at 7.5% per annum.

3.Aggrieved by the meagre quantum of compensation awarded by the Tribunal, the claimant has filed the present Civil Miscellaneous Appeal seeking enhancement.

4.The learned counsel appearing for the appellant /claimant would submit that due to the accident, the claimant sustained grievous injuries all over the body and the Medical Board assessed the permanent disability at 18%. He would contend that without taking note of the cost of living at that time, the Tribunal has erroneously fixed the monthly income as Rs.10,000/-. He would submit that the Tribunal has granted compensation under various heads are very low and therefore, the Award has to be enhanced.

5.Per contra, the learned counsel appearing for the 2^nd respondent would submit that this is a very reasonable award and does not warrant a reconsideration. The compensation amount claimed is excessive.

6.Heard the learned counsel appearing on either side and perused the papers.

7.On a perusal of the records, it is seen that the claimant sustained a compound fracture of the 5^th metatarsal bone of the right foot and underwent treatment including skin grafting. The Medical Board assessed the permanent disability at 18%. The Tribunal adopted a compensation of Rs.5,000/- per percentage, awarding Rs.90,000/-. However, considering the nature of fracture injury and the surgical procedure undergone, this Court is of the opinion that the claimant is entitled to compensation at Rs.8,000/- per percentage of disability which has been consistently adopted in several cases. Accordingly, the compensation for disability is enhanced to Rs.1,44,000/-[18% × Rs.8,000 =

Rs.1,44,000/-]. Further, the claimant stated that he was earning his livelihood through agricultural activities. Though no documentary proof was produced to establish his exact income, considering the nature of avocation, age and year of accident (2020), this Court fixes the monthly income of the claimant at Rs.18,000/-. Considering the nature of injuries and period of treatment, the claimant would not have been able to attend his work for four months. Therefore, a sum of Rs.72,000/- [Rs.18,000 × 4 months = Rs.72,000/-] is awarded under the head of loss of income. Further, the claimant sustained grievous injuries and underwent prolonged treatment including surgical procedure. Taking into account the fracture injury, this Court is inclined to award Rs.50,000/- towards pain and sufferings, which is reasonable and just. Due to the injuries and the resultant permanent disability, the claimant would have experienced difficulty in day-to-day activities and loss of normal enjoyment of life. Therefore, a sum of Rs.30,000/- is awarded towards loss of amenities. A sum of Rs.10,000/- is awarded towards transportation expenses and a sum of Rs.10,000/- is awarded towards e