Minor Balaji vs G.Prabhu And Others

N.Kirubakaran, J

The appeal has been preferred against Rs.4,60,000/- awarded to the appellant for the disability sustained due to the injuries caused in the accident occurred on 15.01.2015, when the appellant was travelling in Ashok Leyland dots vehicle which was hit behind by a lorry driven rashly and negligently causing accident

2.Heard Mr.F.Terry Chellaraja, learned Counsel for the appellant and Mr.R.Neethi perumal, learned Counsel for R2.

3.There is no appeal by the insurance company with regard to negligence and therefore, the finding regarding negligence aspect has attained finality. The only question which has to be decided is with regard to the quantum of compensation.

4.The Tribunal taking note of the injuries sustained by the claimant such as "left Zygoma fracture, 2nd metacarpal bone fracturer, fracture of left zygomatic arch, diffuse swelling of left face edema, subconjuctival haemorrhage and lacerated wound in left eye, dimple, cheek and lower lip" based on PW2 doctor's evidence, rightly determined the disability at 59%. Further, the Tribunal following the Judgment of Hon'ble Supreme Court of India in "Master Malllikarjun Vs.Divisional Manager, National Insurance Co., Ltd., and another" reported in "2013 (2) TNMAC 338 (SC)" awarded Rs.4,00,000/-towards partial and permanent disability. The said determination of 59% disability and the award of Rs.4,00,000/- towards the same cannot be interfered and the same is confirmed.

5.Rs.10,000/- awarded towards Transportation, nourishing food and miscellaneous expenditure, Rs.5,000/- awarded towards Attendant Charges, Rs.25,000/- awarded towards damages for Pain, Sufferings and Trauma and Rs.20,000/- awarded towards Loss of Amenities are all reasonable and the same are confirmed. Therefore, Rs.4,60,000/- awarded by the Tribunal as compensation to the claimant is confirmed.

Accordingly, the appeal fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.