R. Mahadevan, J. - (1.) THIS appeal is filed by the claimant challenging the award dated 18.09.2009 passed by the Motor Accident Claims Tribunal (IV Small Causes Court) Chennai in M.C.O.P. No 1331 of 2005.
(2.) THE claimant, who claimed to be a potter and proprietor of a Fast Food, met with an accident on 22.12.2004 at 19.30 Hours and suffered injuries to his right hand, head and right toe. As against the claim of Rs. 6,00,000/ -, a sum of Rs. 1,70,500/ - was awarded with costs and interest at 9.5% per annum. Aggrieved, the claimant has filed this appeal. Learned Counsel for the appellant, assailing the award of the Tribunal, argued that the compensation awarded is disproportionate to the claim under various heads and contrary to the evidence and documents. The Tribunal, despite ample evidence produced to show that the right hand of the appellant is of no use, has failed to consider the claim towards loss in earnings. The counsel also drew the attention of this court to Schedule I of the Workmen Compensation Act and argued that since three fingers of the petitioner were crushed, the hand itself is of no use and therefore, appropriate compensation must be awarded treating the injury as loss of hand. The counsel further contended that the fixation of income of the petitioner is also without basis and sought for enhancement.
(3.) PER contra, learned Counsel for the second respondent contended that the Tribunal, after considering that no documentary proof was produced regarding the income of the appellant, fixed the income per month at Rs. 4,500/ -. The counsel further contended that the order of the Tribunal is well reasoned and does not warrant interference.;