The court's decision emphasized the importance of accurately assessing disability percentage and awarding equitable compensation in cases of negligence causing injuries.

This appeal has been preferred by the appellant/petitioner against the judgment and decree passed by the Motor Accidents Claims Tribunal (Sub Court), Arni in M.C.O.P.No.234 of 2002 dated 010. 2004 awarding a compensation of Rs.34,000/-as compensation against the total claim of Rs.1,70,000/-, together with interest at the rate of 9% per annum, from the date of filing the claim petition till the date of payment of compensation.

2. Not satisfied with the award passed by the Motor Accidents Claims Tribunal, Arani, the appellant/petitioner has filed this appeal.

3. The facts of the case are to be looked into before dealing with this appeal;

The petitioner has stated that on 07.05.2002, at 09.00 a.m. he was carrying vegetables in New Vikram Auto Goods Vehicle in Vellore Officers lane, near mosque. The petitioner was accompanying the goods, for loading and unloading purpose. The vehicle is owned by the first respondent, Mr.M.Nehru and the said vehicle was insured with the second respondent namely the New India Assurance Company Limited, Arni. The said vehicle was driven by the first respondent in a rash and negligent manner and with high speed. Due to this, the first respondent lost control of the vehicle and the vehicle capsized. In the result, the petitioner fell down and sustained injuries and the vegetables were damaged.

4. The petitioner submitted that the said accident happened due to the rash and negligent driving of the first respondent. The second respondent, being the insurer of the vehicle owned by the first respondent, is vigorously liable to pay compensation to the petitioner. Hence, the petitioner has claimed compensation under the following heads;

Loss of earning Rs.60000

Partial loss of earning Rs.30000

Transport to Hospital Rs.3000

Extra nourishment Rs.3000`

Damages to clothing & Articles Rs.2500

Others Rs.11500

Compensation for pain and suffering Rs.20000

Compensation for loss of earning power Rs.20000

Compensation for continuing permanent disability Rs.20000

Total Rs.170000

In total Rs.170000/- has been claimed by the claimant against the second respondent/New India Assurance Company Limited.

5. Regarding the said accident, the North Police Station, Vellore registered a criminal case in Cr.No.279 of 2002 on an alleged offence under Section 279 and 338 of I.P.C. against the first respondent/driver cum owner of the vehicle. The injured petitioner was admitted in the Christian Medical College and Hospital, Vellore as inpatient from 07.05.2002 to 20.03.2002. Subsequently, he took treatment as outpatient with a private doctor.

6. The second respondent insurance company filed a counter statement and opposed the petitioners claim petition. The insurance company does not admit the petitioners earning, place of accident and manner of the alleged accident. Further, the petitioner has not furnished the correct particulars of policy, driving licence particulars and also denied the "sustained multiple injuries" in the said accident and also the subsequent treatment in a hospital. The insurance company further submitted that the driver of the said vehicle had driven the vehicle without valid driving licence. Further, the said vehicle was not insured with the insurance company and as such, the second respondent is not liable to pay the compensation amount claimed by the petitioner. The petitioner is also not entitled to claim the interest at 12% per annum for the compensation amount claimed.

7. The Motor Accidents Claims Tribunal, Arani, after perusal of the claim petition and counter statement of the second respondent, framed two issues namely, Who is responsible for the said accident and 2) Whether the claimant is entitled to get compensation?

8. On the side of the appellant/claimant, four documents were marked and two witnesses were examined. The documents namely Exhibits P1 to P4 i.e. 1) the first information report 2) wound certificate 3) vegetable goods purchase bill and 4) Disability certificate, were marked be