IMPORTANT POINT
Factors to be considered for deciding disability compensation.

JUDGMENT

P. Sathasivam, J. —

1) Leave granted.

2) These appeals are directed against the judgment and final order dated 13.12.2006 passed by the High Court of Judicature at Madras in C.M.A. Nos. 103 and 122 of 2001 in and by which the High Court modified the award of the Tribunal, i.e., from Rs. 5,05,053.45/- to Rs.4,05,053.45/- as compensation payable to the appellant-claimant.

3) Brief facts:

(a) The appellant-claimant sustained grievous injuries in a motor vehicle accident, which occurred on 21.05.1998 for which he made a claim before the Motor Accident Claims Tribunal, Chennai (hereinafter referred to as “the Tribunal”) in O.P. No. 3868 of 1998 for a sum of Rs. 12 lakhs as compensation. The Tribunal, after finding that the accident was caused due to the negligence of the driver of the Tamil Nadu State Transport Corporation (Villupuram Division-III), Kancheepuram (hereinafter referred to as “the Corporation”), by order dated 20.12.2000, quantified the compensation and passed an award for Rs.5,05,053.45.

(b) Aggrieved by the award of the Tribunal, the Corporation filed C.M.A. No. 103 of 2001 before the High Court of Madras challenging the quantum of compensation. The appellant-claimant also filed C.M.A. No. 122 of 2001 before the High Court for the enhancement of the compensation amount. Inasmuch as both the appeals arose from the same award of the Tribunal, the High Court heard and decided the appeals together and passed a common order on 13.12.2006 reducing the compensation to the extent of Rs.1,00,000/-. In other words, by the said order, the High Court allowed the appeal of the Corporation to the extent of Rs.1,00,000/- and dismissed the appeal of the claimant for enhancement of the compensation.

(c) Questioning the judgment and final order of the High Court, the claimant has filed the above appeals by way of special leave petitions before this Court praying for enhancement of compensation to the extent awarded by the Tribunal.

4) Heard Mr. Vipin Nair, learned counsel for the appellant-claimant and Mr. T. Harish Kumar, learned counsel for the respondent-Corporation.

5) The only point for consideration in these appeals is whether the appellant is entitled to a sum of Rs. 1,00,000/- towards “permanent disability” in addition to the amount awarded under the head “loss of earning capacity”? Inasmuch as the issue is confined only to the quantum of compensation, it is not necessary to traverse the factual details relating to the accident. Even otherwise, the claimant alone has filed the present appeals and the Corporation has not challenged the findings relating to negligence, it is not necessary to go into the conclusion arrived at on the negligence aspect holding that the driver alone was responsible for the accident. Even, with regard to the quantum of compensation, except reduction of Rs. 1,00,000/- which was awarded by the Tribunal for permanent disability, it is not necessary to go into the quantum of compensation under various heads and the ultimate order of the Tribunal and the High Court.

6) The appellant-claimant, in his evidence as PW-1, deposed that he had sustained injury on the center finger of the right hand, his knee joint on the right leg had been dislocated, injury on the right cheek and eyes, that he cannot see with his left eye, his right foot had been injured and his right ankle joint dislocated. He further explained that after the accident, he was immediately taken to the Government Hospital at Chengalpet and received the First Aid and later he had been admitted in the Govt. Stanley Hospital and was under treatment for 25 days as inpatient. The Discharge Summary issued therein has been marked as Ex. P-1. He further narrated that he had undergone Physiotherapy after 25 days which is evident from Ex. P-2. He had also undergone skin surgery at the Stanley Hospital and the certificate relating to the same has been marked as Ex.P-3. Even after discharge from the Stanley Hospital, he was not fully recovered and h