The court upheld the assessment of compensation under various heads and the disability assessment, ultimately dismissing the appeal and cross objection.

JUDGMENT :

Abdul Quddhose, J.

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree dated 09.12.2013 made in M.C.O.P.No.3207 of 2011 on the file of the Motor Accidents Claims Tribunal, III Court of Small Causes, Chennai.

Prayer: Cross Objection filed under Order 41 Rule 22 of the Code of Civil Procedure, against the award and decree dated 09.12.2013 on the file of Motor Accidents Claims Tribunal III Court of Small Causes in M.C.O.P.No.3207 of 2011.

Civil Miscellaneous Appeal No.1288 of 2015 has been filed by the Insurance Company and Cross Objection No.84 of 2015 has been filed by the claimant.

2. The Insurance Company has challenged the quantum of compensation awarded by the Motor Accidents Claims Tribunal, III Court of Small Causes, Chennai in M.C.O.P.No.3207 of 2011, while Cross Objector, who is the claimant has filed Cross Objection No.84 of 2015, seeking enhancement of compensation.

Brief facts leading to the filing of Civil Miscellaneous Appeal and the Cross Objection.

3. The claimant is the first respondent in C.M.A.No.1288 of 2015 and Cross Objector in Cros.Obj.No.84 of 2015. The claimant sustained injuries on 20.06.2011 as a result of an accident caused by a Tata 407 vehicle bearing Registration No.TN-22-AT-5865 owned by J.Senthil and insured with the Appellant in C.M.A.No.1288 of 2015.

4. On 20.06.2011 at about 2.30.p.m. while the claimant was riding a TVS Scooty Pep bearing Registration No.TN-22-AQ-0272 from Medavakkam to Tambaram Main Road, a Tata 407 vehicle bearing Registration No.TN-22-AT-5865 hit the TVS Scooty Pep from behind and ran over the claimant which resulted in the claimant sustaining grievous injuries. The claimant preferred a claim before the Motor Accidents Claims Tribunal (III Court of Small Causes, Chennai) in M.C.O.P.No.3207 of 2011, seeking a compensation Rs.1,70,45,000/- which was restricted to Rs.82,00,000/- against the respondents for the injuries sustained by her as a result of the accident.

5. The Motor Accidents Claims Tribunal by its award dated 09.12.2013 in M.C.O.P.No.3207 of 2011, directed the Appellant as well as the second respondent, who is the owner of the Tata 407 vehicle to pay the claimant a sum of Rs.46,32,000/- together with interest at the rate of 7.5% per annum (excluding Rs.1,00,000/- awarded towards future medical expenses) from the date of claim petition i.e. 03.08.2011 till the date of deposit.

6. Aggrieved by the award dated 09.02.2013, passed in M.C.O.P.No.3207 of 2011, C.M.A.No.1288 of 2015 has been filed by the Insurance Company questioning the quantum of compensation assessed by the Tribunal while the claimant has filed Cros.Obj.No.84 of 2015 seeking enhancement of compensation.

7. Heard Mr.S.Arun Kumar, learned counsel for the Appellant in and Mr.M.P.Senthil Kumar, learned counsel for the first respondent in C.M.A.No.1288 of 2015 as well as Cross Objector in Cros.Obj.No.84 of 2015.

8. It is the case of the Insurance Company that the compensation awarded by the Tribunal is excessive whereas, it their case of the claimant that the compensation awarded by the Tribunal is inadequate and it has to be enhanced. The Tribunal has awarded a total compensation of Rs.46,32,000/- to the claimant as detailed below:

9. The Claimant was a Senior Consultant in S2S Consultants earning monthly income of Rs.1,05,000/- at the time of the accident. The appointment order and salary certific