M. Govindaraj, J.

1. Challenging the award, dated 18.04.2013, passed in M.C.O.P.No.487 of 2012, on the file of the Motor Accidents Claims Tribunal (Special Sub Court), Coimbatore, M/s. Royal Sundaram Alliance Insurance Co. Ltd., Chennai, has preferred C.M.A.No.1840 of 2015, on the grounds of negligence and quantum of compensation.

2. Not satisfied with the quantum of compensation awarded by the Tribunal, the claimant has preferred C.M.A.No.19 of 2015, seeking enhancement.

3. For sake of convenience, the parties are called, as per the ranking given before the Claims Tribunal.

4. It is the case of the claimant that on 22.03.2012, about 06.55 A.M., she was proceeding as pillion rider, in a Motorcycle, bearing Registration No. TN 37 BQ 1000, driven by her husband, Mr. M. Karthikeyan, from East-West direction on Avinashi Road. Near KMCH Hospital, when the rider, after giving signal, turned the motorcycle to his right side, a lorry, bearing Registration No. TN 20 AM 3177, insured with M/s. Royal Sundaram Alliance Insurance Co. Ltd., Chennai, which came from behind, driven in a rash and negligent manner, hit the motorcycle, due to which, she fell down and her left leg was run over by wheel of the lorry. In the accident, the claimant had lost her limb and therefore, a claim petition in M.C.O.P.No.487 of 2012 was filed, claiming compensation of Rs.35,00,000/-.

5. Contradicting the statements made in the claim petition, M/s. Royal Sundaram Alliance Insurance Co. Ltd., Chennai, appellant herein, had denied negligence, on the part of the driver of the lorry, bearing Registration No. TN 20 AM 3177 and attributed negligence on the motorcyclist, on the basis of the rough sketch, prepared by the police. In any event, it was contended that it has to be considered only as composite negligence and therefore, the Insurance Company was not made liable for payment of compensation.

6. Based on the materials, the Tribunal has tried the claim, on the issues of rash and negligent act and the quantum of compensation. Before the Tribunal, to prove the claim, the injured has let in evidence as PW.1 and PW.2, is the Doctor, who spoke about her disability and loss of earning capacity. In respect of avocation and income, a representative from the Human Resources Department of KMCH Hospital, Coimbatore, has let in evidence as PW.3. In support of the claim, she marked Exs.P1 to P23. Driver of the lorry has let in evidence as RW.1 and no document was marked on the side of M/s. Royal Sundaram Alliance Insurance Co. Ltd., Chennai.

7. Based on the evidence of PW.1 and Ex.P1 - FIR, Ex.P2 - Rough Sketch, Exs.P3 and P4 - Accident Registers, Ex.P5 - Charge Sheet and Ex.P20 - Fine paid by the driver of the lorry in S.T.C.No.408 of 2012, on the file of the Judicial Magistrate No.8, Coimbatore, the Claims Tribunal came to the conclusion that the driver of the lorry, was rash and negligent, in causing the accident. Accordingly, the insurer of the lorry, viz., M/s. Royal Sundaram Alliance Insurance Co. Ltd., Chennai, was held liable for payment of compensation.

8. Insofar as quantum of compensation is concerned, the Claims Tribunal has considered the documents, viz., Ex.P6 - Wound Certificate, Ex.P7 - Discharge Summary, Ex.P8 - X-Rays, Ex.P9 - Medical Bills, Ex.P10 - Receipt of remittance of an amount of Rs.56,361/-. Based on the injuries, sustained by the claimant and considering the amputation of left leg above knee, the Tribunal has determined the compensation at Rs.50,000/- towards permanent disability.

9. On the basis of evidence of PW.2, Doctor and upon perusal of Ex.P16 - Disability Certificate, the Claims Tribunal has taken the permanent disability to an extent of 80%. Exs.P12 to P14, are the pay slips for the months, viz., February' 2012, March' 2012 and July' 2012 respectively. Ex.P15 is the Saral Form for the assessment year 2012-13. Based on the above docu