J.NISHA BANU,J. - (1.) This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 18.04.2012 made in MCOP.No.125 of 2011 on the file of the Motor Accident Claims Authority, (Chief Judicial Magistrate), Tirunelveli.
(2.) In an accident which occurred on 22.01.2011, the appellant/claimant sustained following injuries:- 1)Lacerated wound with comminuted compound fracture of both bones in the left leg lower ? ... " exposed fracture tibia with external fixation. 2)Lacerated wound left femur exposed of all extensor tendon with skin loss with lateral populatory nerve injury. 3)Comminuted displaced fracture in left iliac bone. 4)Comminuted fracture of left humerus. 5)Multiple injuries all over the body. For the above said injuries, the appellant filed MCOP.No.125 of 2011 on the file of the Motor Accident Claims Authority, (Chief Judicial Magistrate), Tirunelveli, claiming compensation of Rs. 10,00,000/-. After considering the oral and documentary evidence adduced on either side, the learned Judge awarded compensation of Rs. 3,98,980/- with 7.5% interest per annum under the following heads:- JUDGEMENT_1147_LAWS(MAD)6_2018_1.html Not satisfied with the quantum of compensation, the appellant/claimant has filed this appeal seeking enhancement.
(3.) Learned counsel for the appellant would submit that though the claimant claimed the monthly income as Rs. 7,000/-, the learned Judge fixed the same at Rs. 3,000/- is meagre and requires enhancement. Further, as per the judgment of this Court in National Insurance Company Limited v. G.Ramesh, reported in 2013 (2) TN MAC 583 , the learned Judge ought to have awarded Rs. 3,000/- for each percentage of disability instead of Rs. 2,000/- awarded. Apart from the above, the compensation under the heads pain and sufferings and transport expenses is meagre and requires enhancement.;