(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree passed in M.C.O.P.No.1663 of 1998 dated 11.02.2004 on the file of the Additional District and Sessions Judge (Fast Track Court No.II), Madurai.)
1. The Civil Miscellaneous Appeal is filed against the order passed in M.C.O.P.No.1663 of 1998 dated 11.02.2004 on the file of the learned Additional District and Sessions Judge, Fast Track Court No.II), Madurai.
2. It is a case of injury caused due to the accident that took place on 22.10.1997 at about 8.30 a.m on Madurai Thirumangalam Main road. When the claimant/appellant going as a pillion rider in TVS 50 bearing Registration No.TCU 5088, the Ambassador car, bearing Registration No.TN 59/9898 came in a rash and negligent manner, dashed the TVS 50, due to which, the claimant thrown away from TVS 50 and sustained grievous injury including compound fracture on the left leg. The injured/victim, represented by her mother, filed a claim petition seeking compensation before the lower Court and the lower Court by considering the facts and circumstances of the case, awarded Rs.66,500/- as total compensation with interest at 9%. Challenging the same, the minor appellant/claimant represented by her mother, filed the present appeal for enhancement of compensation on the ground that the compensation arrived at by the Tribunal is inadequate and unacceptable for the grievous injury sustained by her.
3. This Court has gone through the finding arrived by the lower Court and the evidences adduced therein.
4. A perusal of the award passed by the lower Court, it is seen that the lower Court has committed an error in fixing the compensation under the head of disability. Though the Medical Officer assessed the disability at 30% to the appellant, the lower Court granted only Rs.25,000/- for 30% disability and therefore, this Court is inclined to enhance the compensation from Rs.25,000 to Rs.30,000/- towards disability.
5. Further, the Tribunal granted only Rs.5,000/- towards pain and suffering and the same has to be enhanced. Considering the fact that the minor girl child sustained grievous injury due to which there is reduction in her right leg, which will affect her future life and happiness, this Court is inclined to enhance the compensation from Rs.5,000/- to Rs.30,000/- under the head of pain and suffering .
6. Accordingly, the civil miscellaneous appeal is partly allowed. No costs. The compensation awarded by the Tribunal is enhanced from Rs.66,500/- to 96,500/-. The enhanced amount shall carry 6% interest per annum from the date of presentation of the claim petition.
7. The respondent Insurance Company is directed to deposit the modified award amount with accrued interest and costs, to the credit of the claim petition, within a period of four weeks from the date of receipt of a copy of this order if not deposited already. On such deposit being made, the appellant /claimant is permitted to withdraw the modified award amount with proportionate accrued interest and costs through RTGS, by filing necessary application before the Tribunal concerned.