(Prayer: This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 to allow this appeal and be pleased to enhance the amount awarded in MCOP No.6605 of 2015 dated 21.12.2024 on the file of Motor Accident Claims Tribunal, (In the IV Court of Small Causes) Chennai as prayed for with interest and cost.)
1. This Civil Miscellaneous Appeal has been filed against the award passed by the Motor Accident Claims Tribunal, (IV Court of Small Causes), Chennai in MCOP No.6605 of 2015 dated 21.12.2024.
2. The case of the claimant is that on 10.08.2015, the claimant was riding a two wheeler and at about 12.00 p.m, the offending vehicle, which was a car was driven in a rash and negligent manner and dashed against the claimant. As a result of which, the claimant sustained a tibial plateau fracture in left knee. The claimant underwent treatment as an inpatient for four days. An FIR came to be registered in Crime No.690 of 2015 against the driver of the offending vehicle. 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 the evidence, came to the 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 such a finding, the Tribunal proceeded to fix the total compensation at Rs.1,19,500/- under various heads as follows :-
| Sl.No. | Compensation awarded under the head | Amount (in Rs.) |
| 1. | Disability | Rs.12,000/- |
| 2. | Loss of earnings | Rs.47,500/- |
| 3. | Pain and sufferings | Rs.40,000/- |
| 4. | Transportation | Rs.3,000/- |
| 5. | Extra Nourishment | Rs.3,000/- |
| 6. | Damages to clothing and articles | Rs.1,000/- |
| 7. | Attender Charges | Rs.3,000/- |
| 8. | Loss of Amenities | Rs.10,000/- |
| Total | Rs.1,19,500/- |
6. Heard Mr.K.Vardhakamaraj, learned counsel for appellant and Ms.C.Harini, learned counsel for the 2nd respondent.
7. This Court carefully considered the submissions made on the side of the appellant and the materials available on record.
8. This Court also carefully went through the award passed by the Tribunal.
9. The Tribunal took into consideration the disability certificate that was marked as Ex.C1 and 3% disability assessed by the Medical board and fixed Rs.4,000/- per percentage. This Court is inclined to fix Rs.5,000/- per percentage. Accordingly, the compensation under the head of disability is fixed at Rs.15,000/- (3 x Rs.5,000/-).
10. This Court is inclined to enhance the compensation under the head of Extra Nourishment to Rs.10,000/- and Attender Charges to Rs.10,000/-.
11. Insofar as the loss of earning is concerned, this Court is inclined to fix the monthly income at Rs.10,000/- per month and grant the same for five months. Hence, the compensation under this head is fixed at Rs.50,000/- (Rs.10,000/- x 5).
12. The compensation awarded under the other heads are just and proper and it does not require the interference of this Court.
13. In the light of the above discussion, this Court modifies the compensation in the following manner:
| Sl.No. | Compensation awarded under the head | Amount by the Tribunal (in Rs.) | Amount awarded by this Court (in Rs.) |
| 1. | Disability | Rs.12,000/- | Rs.15,000/- |
| 2. | Loss of earnings | Rs.47,500/- | Rs.50,000/- |
| 3. | Pain and sufferings | Rs.40,000/- | Rs.40,000/- |
| 4. | Transportation | Rs.3,000/- | Rs.3,000/- |
| 5. | Extra Nourishment | Rs.3,000/- | Rs.10,000/- |
| 6. | Damages to clothing and articles | Rs.1,000/- | Rs.1,000/- |
| 7. | Attender Charges | Rs.3,000/- | Rs.10,000/- |
| 8. | Loss of Amenities | Rs.10,000/- | Rs.10,000/- |
| Total | Rs.1,19,500/- | Rs.1,39,000/- |
15. In the result, the Civil Miscellaneous Appeal is Allowed in the above terms. No costs.