The Madurai Bench of the Madras High Court has enhanced the compensation awarded to a flower vendor, who sustained serious injuries in an accident involving a government bus in Thanjavur district, from ₹2.63 lakh to ₹10.82 lakh.
The court was hearing the civil miscellaneous appeal filed by C. Ganapathy who sought the enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal in Kumbakonam.
The injured claimant had filed a claim petition contending that he was a flower vendor. He said that the accident took place in 2015 and he had sustained fractures in the right hand, left leg and there was an amputation below the thigh of the left leg. Further, he contended that there were grievous injuries to his chest which had affected his lungs for which he had undergone a surgery. He also sustained injuries in the left shoulder and right leg, he said.
The tribunal held that the injured claimant had sustained 90% partial permanent disablement and awarded a total compensation of ₹2,63 lakh. The claimant filed the appeal seeking enhancement of the amount.
Justice R. Vijayakumar observed that the claimant’s left leg had been amputated and it clearly showed that the claimant would not be in a position to move as frequently as required for the purpose of doing his business.
It has also been brought out by the medical records that his lungs have been damaged in the accident and he has also undergone a surgery in the lungs. Therefore, the tribunal was not right in awarding only for permanent disability and not considering it as a functional disability.
The court enhanced the compensation from ₹2.63 lakh to ₹10. 82 lakh. The balance award amount shall be deposited by the Tamil Nadu State Transport Corporation within 12 weeks, the court directed.
