The main legal point established is the need for fair compensation for homemakers, considering their contribution to the family and the impact of their disability.

JUDGMENT :

(Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 18.03.2019 passed in M.C.O.P. No.115 of 2017 on the file of the learned Chief Judicial Magistrate, Chief Judicial Magistrate Court-cum-Motor Accidents Claims Tribunal, Salem.)

The present Civil Miscellaneous Appeal on hand is preferred against the judgment and decree dated 18.03.2019 passed in M.C.O.P. No.115 of 2017 on the file of the learned Chief Judicial Magistrate, Chief Judicial Magistrate Court-cum-Motor Accidents Claims Tribunal, Salem.

2. The claimant is the appellant, seeking enhancement of compensation.

3. The accident occurred on 21.02.2017 at about 12.00 Noon at Valasaiyur Main Road, near Periyaveeranam Bus Stop. The Salem City Traffic Investigation Wing Police Station registered a case in Crime No.165 of 2017 under Sections 279, 337 and 338 IPC.

4. The claimant, who is the woman aged about 39 years, sustained grievous injuries resulted in permanent disability. She had admitted immediately at Government Mohan Kumaramangalam Medical College Hospital, Salem and continued her treatment subsequently at Universal Hospital, Kondalampatty, Salem.

5. The claim petition was filed and the Tribunal adjudicated the issues with reference to the documents and evidences. The appellant/claimant on 21.02.2017 at about 12.00 Noon was standing near Periyaveeranam Bus Stand to catch a bus to go to Salem. At that point of time, the bus belongs to the first respondent came from Valasaiyur to Salem bearing Registration No.TN-54-2233 and the driver had driven the bus in a rash and negligent manner. Near the Bus Stop, the bus hit the appellant/claimant and the appellant/claimant sustained grievous injuries in the back borne of Spinal Cord and sustained fractures. The front portion of the tongue cut and fell down and other serious injuries were sustained by the appellant/claimant.

6. Perusal of the nature of injuries reveal that the appellant/ claimant sustained not only grievous injuries, but resulted permanent disability and she is continuously taking treatment.

7. The Tribunal with reference to negligence aspect, arrived a conclusion that the bus driver had driven the bus rashly and negligently and caused the accident, resulted grievous injuries to the appellant/claimant.

8. The first respondent/owner of the bus had not appeared before the Tribunal. The second respondent-Insurance Company contested the case. However, the second respondent-Insurance Company could not able to dispute the accident and further not repudiated the fact that the driver of the bus had driven the bus in a rash and negligent manner and caused the accident. Therefore, the Tribunal without any hesitation and based on the documents and evidences, arrived a conclusion that the bus belongs to the first respondent/owner was at fault and the driver of the bus had driven the bus in a rash and negligent manner and hit against the appellant/claimant.

9. As far as the quantum of compensation is concerned, the Tribunal had elaborately discussed the nature of permanent disability as well as the multiple grievous injuries sustained by the appellant/claimant. The appellant/claimant had taken treatment both as inpatient and as outpatient in the Hospital on several occasions. She had undergone Surgery, which resulted permanent disability. Under those circumstances, the appellant/claimant was directed to appear before the Medical Board of the Government Hospital and the Medical Board examined the appellant/claimant and issued the Disability Certificate, which is marked as Ex.P-15 dated 17.09.2018. The Disability Certificate as well as the X-Ray marked as Ex.P-16 reveal about the nature of injuries and the Tribunal absorbed the same as under:-

“TAMIL”

10. Though the Tribunal had made a finding regarding the nature of grievous injuries sus