(Prayer: Civil Miscellaneous Appeal filed against the Judgment and decree dated 10.12.2002 passed in MCOP.No.60 of 2001 on the file of the Motor Accidents Claims Tribunal (Sub Court), Tiruvarur.)

1. This Civil Miscellaneous has been preferred against the judgment and decree 10.12.2002 passed in MCOP. No. 60 of 2001 on the file of the Motor Accidents Claims Tribunal (Sub Court), Tiruvarur

2. Brief facts leading to the claim application are as follows; On 12.06.2000 at 6 am, the petitioner along with his two friends were proceeding in a Hero Honda Motor Cycle from Tiruvarur to Thanjavur. The said motor cycle was ride by the petitioner in a slow and cautious manner. At the time near Nagapattinam – Thanjavur road, a tanker lorry bearing registration number SR 46, 7383 driven by its driver, came in a rash and negligent manner and hit against the motor cycle, as a result, the petitioner, who ride the motorcycle and his friend namely Ashok Kumar were thrown away, both sustained serious injuries. For the said injuries, the petitioner was given treatment in various hospitals and he took treatment as inpatient. He also sustained disability, which resulted him the inability to continue his profession as teacher. Hence the petitioner has claimed a sum of Rs. 25,00,000/- as compensation.

3. The 2nd respondent in his counter statement has stated that whether the driver of the tanker lorry was having a valid and effective driving license and having insurance with this respondent at the time of the accident is in question and further stated that the said accident had occured only due to the negligence on the part of the petitioner, who ride motorcycle. It is further stated that the petitioner was not in possession of valid license for riding two wheeler. It is further stated that the compensation claimed by the petitioner is excessive, since his monthly income was only Rs.9,975/-.

4. The tribunal upon analysing the documents and evidence placed by both sides, has given a finding that the driver of the tanker lorry is responsible for the accident because of his rash and negligent driving and dashed against the petitioner who was riding the two wheeler which resulted in causing severe injuries and disability to the petitioner. The tribunal has awarded a sum of Rs.2 Lakhs as compensation under various head based on the documentary and oral evidence.

5. Aggrieved against the said judgment and decree, the claimants have preferred this appeal for enhancement.

6. In the grounds of appeal, it is stated that the tribunal ought to have seen that the claimant was working in a Training College as lecturer and was earning Rs.10,000/- per month. Due to the accident, the claimant has suffered permanent mental impairment which disabled him from working further on account of the loss of short term memory. It is further stated that the tribunal ought to have awarded a sum of Rs.12,85,000/- under loss of earning power. The tribunal without considering the fact that the claimant is a Master's Degree holder whose memory was seriously impaired due to the accident, has awarded a sum of Rs.75,000/- towards permanent disability, The tribunal has also not awarded the sum for nourishment and the expenses incurred for engaging the assistant to attend his basic needs. The claimant was in the Intensive Care Unit for 2 months.

7. Heard both sides and perused the documents available on record.

8. It is argued by the appellant that the present appeal has been preferred for enhancement of the award passed by the tribunal and also for the sum to be awarded under certain heads. It is argued that the sum awarded for disability is very much meagre since the claimant was only 23 years at the time of the accident and he was also working as a lecturer in a college and getting his monthly income of Rs.9,975/-. It is also argued by the appellant that after preferring the appea