JUDGMENT

Dinesh Maheshwari., J

This appeal by special leave is directed against the judgment and order dated 21.06.2001, as passed in C.M.A. No.1101 of 1995 and Cross Objection No. 70 of 1996, whereby the High Court of Judicature at Madras has modified the award dated 27.04.1995, as made by the Motor Accidents Claims Tribunal, Chennai (II Judge, Court of Small Causes, Chennai) in MACT O.P. No. 2932 of 1992.

2. In the impugned judgment and order dated 21.06.2001, the High Court has made substantial downward revision of the amount of compensation awarded by the Tribunal to the injured claimant-appellant; and in place of the amount awarded by the Tribunal to the tune of Rs. 4,58,060/-together with interest @ 15% p.a., has awarded a sum of Rs. 2,11,060/-together with interest @ 9% p.a. from the date of filing of the claim application. The High Court has made such reduction in the amount of compensation awarded by the Tribunal after disbelieving the case of 95% permanent partial disablement, as projected by the claimant and accepted by the Tribunal; and has allowed compensation only with reference to the injury of fracture of left thigh bone, as originally certified.

3. The question in this appeal, therefore, is as to whether the High Court was justified in modifying the award and reducing the amount of compensation awarded by the Tribunal? The background aspects of the matter, so far relevant for the question at hand, may be noticed, in brief, as follows: On 02.08.1992 at about 05.30 p.m., the claimant-appellant, while walking alongside a road, sustained grievous injuries on being hit by an auto rickshaw owned by the respondent no. 2 and insured by the respondent no. 1. The appellant made the claim for compensation with the submissions, inter alia, that at the time of accident, he was 25 years of age and was earning Rs. 2,750/-per month while working as a mason. Apart from asserting rash and negligent driving of the auto rickshaw in question, the appellant submitted that due to the accident, he had sustained the injuries of fracture of left thigh bone and on left side of the skull as also other injuries in his stomach region and testis; he remained inpatient in the Government Hospital for 3 months and later on, he had to take treatment as out-patient for another 3 months. The claimant further submitted that he was again admitted to the hospital where he remained in-patient until 25.12.1992 and operations were performed on his hip as also on testis, to bring them back to the normal position. The claimant-appellant alleged that after the accident, his left leg was shortened by 2”; that he was suffering from intermittent headache and giddiness; and that due to the injuries, he was unable to do any work, was unable to marry, and was not fit for marital life.

4. As regards his alleged injuries and disablement, the appellant examined two doctors in evidence namely, Dr. Sai Chandran as PW-1 and Dr. Thiagarajan as PW-4. While PW-1 pointed out that after examination, he found the left leg of the claimant-appellant shortened by 2” due to the fracture of upper portion of his thigh bone; that he could not sit and stand freely; and that his hip movements were reduced by 15o because of which, he could not do any hard labour. The said doctor had assessed the permanent partial disablement of the claimant-appellant at 45%. However, in order to prove further disablement, the claimant examined PW-4, who stated that on examination of the claimant-appellant, he found fracture of left thigh bone and injury on skull; and that his left testis had not come back to original position. The said doctor PW-4 even deposed to the extent that the claimant-appellant would not be able to perform intercourse; and purportedly assessed the permanent partial disablement at further 50%.

5. The Tribunal, with reference to the testimony of the said two doctors and as also the testimony of claimant-appellant, proceeded to award compensation to the tune of Rs. 4,58,060/-in