(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the order and decree dated 04.04.2024 by the Motor Accident Claims Tribunal (In the VI Court of Small Causes), Chennai made in MCOP No.2457 of 2020.)
1. This appeal has been filed against the Award passed by the Motor Accident Claims Tribunal (IV Court of Small Causes), Chennai in MCOP No.2457 of 2020 dated 04.04.2024, wherein the claimant is seeking for enhancement of compensation.
2. The case of the claimant is that on 01.08.2019, she was walking near Indira Nagar, 3rd Main Road at about 8.30 a.m., near the 2nd Avenue Junction, the offending vehicle which was a car was driven in a rash and negligent manner and it dashed on the claimant. As a result of which, the claimant sustained comminuted fracture left distal radius and multiples injuries all over the body. The claimant took treatment as an inpatient for three days and one surgery was performed. An FIR came to be registered in Crime No.339 of 2019. It is under these circumstances, the claim petition came to be filed before the Tribunal.
3. The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle.
4. Having rendered the above finding, the Tribunal fixed the total compensation at Rs.3,44,051/- under various heads as follows:
| Compensation awarded under the head | Amount (in Rs.) |
| Medical Expenses and Medical Bills | 1,99,051 |
| Transportation Charges | 10,000 |
| Extra Nourishment | 5,000 |
| Attender Charges | 10,000 |
| For Disability | 75,000 |
| Loss of Income | 30,000 |
| Loss of Amenities and Pain and Sufferings | 15,000 |
| Total | 3,44,051 |
6. Aggrieved by the same, the claimant has filed the present appeal seeking for enhancement of compensation.
7. Heard the learned counsel for the appellant and the learned counsel appearing on behalf of the 2nd respondent.
8. In the case in hand, the accident had taken place in the year 2019 and the Tribunal had taken into consideration the Disability Certificate issued by the Medical Board and which was marked as Ex.C1, wherein the disability was assessed at 15% and applied the percentage method and fixed a sum of Rs.5,000/- per percentage. This Court is inclined to enhance it to Rs.9,000/- per percentage. Accordingly, the compensation under the head of Disability is fixed at Rs.1,35,000/- (Rs.9,000/- x 15).
9. It is clear from the EX.P6 series which are the income tax returns that the average gross monthly income of the claimant was Rs.54,000/-. Considering the nature of injuries sustained by the claimant, she would have been out of action for atleast two months. Hence, this Court is inclined to fix a sum of Rs.1,08,000/- (Rs.54,000/- x 2) towards loss of income.
10. Considering the nature of injuries sustained by the claimant and the treatment undergone, this Court is inclined to increase the compensation under the head of Extra Nourishment to Rs.15,000/- and Loss of Amenities & Pain and Sufferings to Rs.20,000/-.
11. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.
12. In the light of the above discussion, the compensation awarded by the tribunal is modified as follows:
| Compensation awarded under the head | Amount (in Rs.) |
| Medical Expenses and Medical Bills | 1,99,051 |
| Transportation Charges | 10,000 |
| Extra Nourishment | 15,000 |
| Attender Charges | 10,000 |
| For Disability | 1,35,000 |
| Loss of Income | 1,08,000 |
| Loss of Amenities and Pain and Sufferings | 20,000 |
| Total | 4,97,051 |
14. In the result, this Civil Miscellaneous Appeals is partly allowed in the above terms. No Costs.