P N PALANI Vs. MICO PLAST INDUSTRIES

JUDGEMENT

(1.) In an accident involving the vehicle belonging to the respondent No. 1 and insurer, the respondent No. 2, the appellant suffered serious injuries. The appellant filed M.C.O.P. No. 2706 of 1991 before the Motor Accidents Claims Tribunal, Madras, claiming compensation in a sum of Rs. 1,00,000.

(2.) The Tribunal has awarded a sum of Rs. 42,000. The claimant has filed the appeal for the balance sum of Rs. 58,000. The respondents have not filed any appeal questioning the finding that the accident was due to the rash and negligent driving of the vehicle belonging to the respondent No. 1. The finding is confirmed.

(3.) As regards the quantum, the claimant has suffered injuries in the right upper arm and the right leg and the disability has been quantified at 20 per cent. For medical expenses, he made a claim for a sum of Rs. 21,000 which was supported by vouchers and the Tribunal has awarded a sum of Rs. 20,000. As regards the injuries suffered by the claimant, the Tribunal has awarded Rs. 20,000. As regards the pain and suffering, the Tribunal has awarded a meagre amount, viz., Rs. 1,000. It is seen that the claimant was an in-patient for a period of three months initially and thereafter for another two months period which was necessitated by the fact that he got infection of implants and the implants had to be removed. Totally, he had been an in-patient for five months and during the period he should have undergone pain and suffering and the Tribunal should have quantified it at a higher figure. In my view, a sum of Rs. 10,000 under this head will be reasonable and adequate. As regards transport charges the Tribunal awarded Rs. 1,000 which can be confirmed. As regards the extra nourishment the Tribunal has not awarded anything. The claimant has made a demand for a sum of Rs. 3,750 and in my view a sum of Rs. 2,000 would be proper and adequate.