Assessment of compensation for grievous injuries sustained in a motor vehicle accident under the Motor Vehicles Act, 1988.

(Judgment of the Court was delivered by P. SATHASIVAM, J.)

1. The claimant in M.C.O.P. No. 586 of 1994 on the file of the Motor Accidents Claims Tribunal (Third Additional Subordinate Judge), Tiruchirapalli is the appellant in the above appeal. In respect of grievous injuries sustained by him in a motor vehicle accident that took place on 28.8.93, he filed the said claim petition before the Tribunal claiming compensation of Rs. 15 lakhs. The claim petition was resisted by the Insurance Company, 2nd respondent therein by filing counter statement. The Tribunal after considering oral and documentary evidence and after holding that the accident was caused due to rash and negligent act of the driver of the lorry M.S.R. 8253, and that the claimant sustained serious injuries, passed an award for Rs. 5,00,000/- with interest at 12 per cent from the date of petition till date of deposit. Regarding the disallowed claim, the claimant has preferred the present appeal.

2. Heard the learned counsel for the appellant. Though the respondents were duly served with notice of this Court, none of them has chosen to contest the appeal by engaging a counsel.

3. The appellant has filed C.M.P. No. 11661 of 2001 for reception of 8 documents, as described in the Schedule appended to that petition as additional evidence in the above appeal. We shall consider the said petition at the appropriate time.

4. In view of the fact that the present appeal is only by the injured claimant for higher compensation and in the absence of independent appeal or cross objection by the owner or insurer of the vehicle, it is unnecessary for us to consider the facts leading to the negligence aspect. The injured claimant was examined as P.W.1. He deposed in his evidence that due to the road accident, he sustained fracture in his left leg below knee, and a steel rod of the cycle seat on which he was riding penetrated his stomach, thereby the Urethera in his Urinary Bladder was cut to an extent of 2 c.m. He also deposed that he had another fracture near the left side of the hip. He further deposed that because of the said injuries, urine is coming without any control, that only by insertion of a tube in the penis, he is able to pass urine at his option, and that he is not able to squat. Apart from his evidence, Dr. Elangovan was examined as P.W.2. He deposed that due to skin grafting he found a scar to an extent of 16 c.m., on the left side thigh of his leg and his left leg has been shortened by 2 inches. He also deposed that the hip movement has been considerably reduced. According to him, he cannot rotate or turn like others. He assessed the ortho disability at 15 per cent in respect of the hip movement and at 40 per cent in respect of left leg. His disability certificate has been marked as Ex. A 1-12.

5. With regard to damage to Urethera, Dr. K.S. Devanathan, Urologist was examined as P.W.3. He explained before the Court the treatment given by him. He further deposed that because of the damage in the urethra and urinary bladder, blood was coming out from the urinary tube, that his urinary bladder was found swelling and that by way of an operation, a hole was put in the urinary bladder and a temporary system has been formulated for taking out urine from the urinary bladder. He further deposed that the once again examined him after 3 months and due to the cut and damage in the urine tube, he advised the injured to go to Christian Medical College Hospital, Vellore for further treatment. He also explained that in spite of taking continuous treatment at Trichy as well as at Christian Medical College hospital at Vellore, even now the injured feels difficulty in passing urine and every day he has to insert a separate tube in the penis to take out urine from the urinary bladder for which necessarily he has to spend for Rs. 100/- per day. After analysing the case sheet and the present position, he assessed the disability in so far as urology is concerned at 25 per cent. Hi