The main legal point established in the judgment is the application of the multiplier method for ascertaining compensation for permanent disability and loss of earning power in personal injury cases.

R. Banumathi, J.

Being dissatisfied with the quantum of compensation, Claimants have filed these Appeals for enhancement of compensation for personal injuries sustained by them. Since both Appeals arise out of the common order and the points for determination are one and same, both the Appeals were taken up together and disposed of by this Common Judgment.

2. Brief facts are that on 08.08.2002 at about 18.30 hours, the Claimants Chandra Mohan and Kandaswamy were travelling in the Jeep bearing registration No.TN-21 G 0509 driven by deceased Satishkumar proceeding from Maraimalai Nagar to Nammalwarpet in 200 feet Bye-Pass road. When the Jeep was proceeding at Anakaputhur River Bridge, the lorry bearing registration No. TCZ 6361 came from the opposite direction driven by its driver in a rash and negligent manner with high speed dashed against the Jeep. Due to that impact, the Jeep was smashed and driver of the Jeep was died on the spot and Claimants Chandra Mohan and Kandaswamy have sustained multiple fractures and injuries all over the body. Regarding the accident, a criminal case was registered in Crime No.454/2002 of Kundrathur Police Station. After the accident, the Claimant Chandra Mohan was admitted in Sri Ramachandra Hospital, Porur and Claimant Kandaswamy was firstly admitted in Government Hospital, Chrompet and thereafter at Sri Ramachandra Hospital, Porur. Alleging that the accident was due to rash and negligent driving of the lorry driver, Claimants have filed Claim Petitions under Sec.166 of M.V. Act claiming compensation of Rs.36,00,000/- and Rs.23,00,000/- respectively.

3. Before the Tribunal, three Claim Petitions were filed in MCOP Nos.5249, 5277 and 5278/2002. 2nd Claimant-mother of deceased Satish Kumar in MCOP.No.5249/2002 was examined as PW1. Claimants Chandra Mohan [MCOP.No.5277/2002] and Kandaswamy [MCOP.No.5278/2002] themselves examined as PWs.2 and 3. Dr.Veerakumar who issued Exs.P36 and P39-disability certificates was examined as PW4 and Dr.Kalkura-Dental Surgeon who issued Ex.P42 was examined as PW5 and Dr.S.Gopalan, Civil Surgeon who issued Exs.P43 and P44 was examined as PW7. One Mahesh was examined as PW6. Exs.P1 to P44 were marked on the side of the Claimants. On the side of the Respondents, no oral or documentary evidence was adduced.

4. Finding that the accident was due to rash and negligent driving of the lorry driver, Tribunal held that the owner of the lorry and insurer are jointly and severally liable to pay compensation. In MCOP.No.5277/2002 [Chandra Mohan], Tribunal has awarded Rs.3,16,000/- and in MCOP.No.5278/2002 [Kandaswamy], Tribunal has awarded Rs.3,39,000/- under various heads.

5. It is not necessary for us to narrate entire facts in detail as to how the accident occurred and who was negligent and who is liable to pay compensation and coverage of Policy. It is for the reason that these aspects are recorded infavour of Claimants and consequently, none of the findings are under challenge, only quantum is under dispute.

6. C.M.A.No.3018/2006 [MCOP.No.5277/2002 – Chandra Mohan]:

In his evidence, PW2-Chandra Mohan has stated that he sustained head injuries and fracture of right hand and also sustained fracture in both thighs. PW2 had also sustained multiple injuries (a) Bilateral fracture shaft of femur; (b) Fracture over right ulna; (c) Fracture in tooth 42; (d) Linear fracture over left frontal bone; (e) Fracture over left temporal bone. He had also sustained laceration over the upper hip, below lower hip and laceration with multiple injuries over the lower end of forearm in the volar aspect and abrasions over the right cheek. There was depressed fracture right temporal bone with underlying small non-haemorrhage, contusion and linear fracture of frontal bone on the left side.

7. After the accident, PW2-Chandra Mohan was admitted in Sri Ramachandra Hospital, Porur where he had taken treatment as inpatient from 08.08.2002 to 12.09.2002. For about 6 days, he was kept in ICU. Du