The main legal point established in the judgment is the determination of liability and compensation in motor vehicle accident cases, with specific reference to the assessment of future prospects for self-employed individuals below 40 years of age.

R. SUBRAMANIAN, J.

1. These appeals are at the instance of the Insurance Company which suffered an award for payment of Rs. 13,31,800/- for the injuries caused to one Manikandan in MCOP No.3006 of 2012 and a sum of Rs. 89,000/- for the injuries caused to one Manivasagan in MCOP No.3007 of 2012.

2. The two Claim Petitions came to be filed by the claimants seeking compensation of Rs. 6,00,000/- for the injuries suffered by the claimant in MCOP No.3006 of 2012, Manikandan and a sum of Rs. 1,00,000/- for the injuries suffered by the claimant in MCOP No.3007 of 2012, Manivasagan. According to them, when both the claimants were travelling in the Motor Cycle bearing Registration No.TN-19-D-1982 being driven by the claimant in MCOP No.3007 of 2012 Manivasagan with the claimant in MCOP No.3006 of 2012 Manikandan as a pillion rider from Tambaram to Koyambedu. The Eicher Van bearing Registration No.TN04-R-8661, owned by the 1st respondent and insured with the second respondent/appellant insurance Company, driven by its driver in a rash and negligent manner, came from behind and hit against the Motor Cycle. As a result of the accident, the pillion rider Manikandan suffered grievous injuries, namely head injury, a fracture in the right leg and multiple injuries all over the body. It is also claimed that the claimant in MCOP No.3007 of 2012 viz. Manivasagan had suffered head injury, injuries of the right eye, face and right ankle, apart from multiple contusion all over the body.

3. The claims were resisted by the Insurance Company contending that the accident took place due to the rash and negligent driving of the two wheeler by Manivasagan. While admitting the Insurance, the treatment period as well as the disability claimed by the claimants were denied.

4. The claims Tribunal which heard both the OP's concluded that the accident was caused due to the rash and negligent driving on the part of the driver of the Eicher Van. To come to the said conclusion, the Tribunal relied upon the FIR as well as the rough sketch. The Tribunal also found that the evidence of the injured claimants was not controverted by the Insurance Company by examining the Driver of the Van. The Tribunal, therefore, concluded that the 2nd respondent Insurance Company is liable to pay the compensation.

5. On the quantum, the Tribunal found that insofar as the claimant in MCOP No.3006 of 2012 is concerned, he has suffered fracture in the right femur born and there has been a malunion which had led to a permanent disability. The Tribunal on the basis of the discharge summary arrived at the functional disability at 40%. The Tribunal also found that due to the malunion of the femur bone there was shortning of the limb, namely the right leg by 1= inches. The right knee joint flexion and extension was reduced by 40 degrees, according to the Tribunal, in view of the injury caused to the knee joint. The Tribunal also found that there was post traumatic joints stiffness in the right knee and right hip joint.

6. On the above findings, the Tribunal concluded that the functional disability is 40%. Insofar as the injured Manivasagan, namely the claimant in MCOP No.3007 of 2012 is concerned, the Tribunal found that the permanent disability caused to him would be at 15%. Inasmuch as the injuries were not very serious, the Tribunal found there was no functional disability and therefore granted a sum of Rs. 45,000/- towards partial permanent disability for the 15% disability assessed at Rs. 3,000/- per percentage. Since both the injured claimed that they were carpenters and in the absence of any documentary evidence, the Tribunal took their income at Rs. 9,000/- per month. Towards loss of income during the treatment period, the Tribunal granted a sum of Rs. 27,000/- for a period of 3 months for the 1st respondent in CMA No.1575 of 2016 and a sum of Rs. 9,000/- for a period of one mo