The main legal point established in the judgment is the determination of compensation for motor accident cases, including the assessment of future prospects and the application of the multiplier method.

KRISHNAN RAMASAMY, J.

1. The appellant/Insurance Company has preferred the present appeal in CMA.No.372 of 2016 and claimant has filed Cross Objection No.34 of 2018 against the order of Motor Accident Claims Tribunal, Special Sub Court, Dharmapuri in MCOP No.959 of 2014 dated 21.01.2015.

2. Heard Mr.R.Sunil Kumar, the learned counsel appearing for the appellant/Insurance company and Mr.K.Suryanarayanan, the learned counsel appearing for the claimant/cross objector.

3. The brief facts of the case are as follows:-

On 11.11.2012 at Burgur Bye pass road, the petitioner was riding two wheeler bearing Reg.No.TN-24-L-1915 TVS moped slowly and carefully from east to west in the NH keeping to the left extreme left southern end of the road at that time at about 9:30 a.m. near DSP Office, the car bearing Reg.No.TN-33-AT-5902 belonging to the 1st respondent driven by its driver in a rash and negligent manner, at great speed, in opposite direction to the petitioner dashed the two wheeler with great impact and due to the accident the petitioner was thrown high in the air and fell down. Due to the accident the petitioner sustained multiple grievous injuries. After that, first aid was given at G.H. Krishnagiri and thereafter the petitioner was admitted as an inpatient at Shri Ramachandra Hospital Porur, Chennai. The following operations were done to the petitioner.

1. Open reduction internal fixation with plate OSTEOSYNTHESIS for public diastasis.

2. Open reduction internal fixation with plate OSTEOSYNTHESIS for anterior column and

3. Open reduction internal fixation with plat OSTEOSYNTHESIS for lliac wing under general anaesthesia.

4. Open reduction internal fixation with plate OSTEOSYNTHESIS for posterior column of right acetabulum and

5. Open reduction internal fixation with plate OSTEOSYNTHESIS of both bones of right fore arm.

6. Wound debridment and Secondary suturing of pelvic wound

7. Secondary suturing of Pelvic wound

4. The petitioner was admitted as an inpatient till 28.01.2013 and till the date of filing the claim statement, he was under treatment as out patient in Sri Ramachandra Hospital, Chennai. Though several operations were done to the petitioner and several lakhs of money was spent for treatment, the petitioner is not able to sit, walk or squat. He is completely bed ridden and he needs assistance. Due to the said accident, the petitioner almost became an insane person. Thus permanent disability is caused to the petitioner due to the accident.

5. Petitioner was aged 29 years, at the time of accident. Before the accident he was well-built, strong, hardworking and intelligent. Petitioner finished his B.Tech Information Technology course and joined in WIPRO Bangalore and with the work experience of more than 2 years he joined in SAP LABS Soft ware Bangalore and worked there for 2 years and with that experience he was selected by EJADASYSTEMS (software) SaudiArabia and worked there for more than one year and from that experience he was selected by ROLLING ARRAYS Company, Singapore with more emoluments and salary and again he was selected again by AL BILAD Software systems Saudi Arabia. Petitioner was easily earning Rs. 15,00,000 per year from his avocation. Now due to the permanent disability sustained in the accident the petitioner cannot continue his profession as a software engineer. Thus the petitioner lost his whole future earning potential completely by 100 percent. Therefore the claimant has filed petition before the Tribunal claiming compensation for a sum of Rs. 75,00,000/- with interest.

6. Per contra, the 2nd respondent/Insurance Company filed counter stating that the petitioner instead of travelling in Burgur Bye-pass Road in Vaniampadi to Krishnagiri road, (i.e., Southern side of the road) he travelled in Krishnagiri to Vaniampadi Chennai road (Northern side) in the center of the road near barricade without signal. The