present case, the Medical Board fixed the disability of the claimant at 40%, and the certificate given by the Medical Board to that effect is marked as Ex.C1. On perusal of the said exhibit, it appears that the partial permanent disability of the claimant has been fixed at 40%, and this Court vide order dated 09.01.2024, directed the first respondent/injured to appear before this Court. Today, he appeared before this Court, and this Court noticed that due to the injuries, he is not able to walk properly, and he is limping while walking. Therefore, this Court feels that, though the Tribunal has taken the entire partial permanent disability at 40%, considering the nature of injuries sustained by the claimant, this Court feels it appropriate to fix 30% as partial permanent disability. Further, the amount awarded under the heads of “pain and suffering” and “mental agony” together, are on the higher side. Therefore, a sum of Rs.15,000/- awarded by the Tribunal towards “mental agony” is set-aside, thereby maintaining the amount of Rs.50,000/- awarded under the head of “pain and suffering”. The amount awarded by the Tribunal under other heads stand confirmed. The Tribunal fixed notional monthly income at Rs.9,000/- per month and adding future prospects at 40% as per the dictum laid down by the Hon'ble Apex Court, the total income is quantified at Rs.12,600/- per month The injured was aged about 25 years at the time of accident as evidenced from the records, adopting the multiplier of 18 as per the decision of Apex Court, the https://www.mhc.tn.gov.in/judis 4/8
