2.1. This contention is well founded, when the Tribunal has awarded compensation on account of permanent disablement by adopting the formula of Rs.4,500/- x 12 x 15 x 15/100. Then, there is no justification to award 20% disablement compensation at the rate of Rs.2,000/- per percentage of disability. However, the fact remains that the minor injured has sustained injury over the legs and he had been in hospital more than 40 days. It is needless to point out that plastic surgery has been done, which leads to loss of strength in the legs. Therefore, pain and sufferings would have been more, especially the injured was minor at the time of accident. Therefore, the award of compensation at Rs.40,000/- has to be awarded under the head of pain and sufferings and it is estimated at Rs.60,000/-. Over all, there is no scope for reduction of compensation. Hence, the Civil Miscellaneous Appeal is dismissed, confirming the award dated 27.11.2013 passed in M.C.O.P.No.221 of 2011 by the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Villupuram.
