The main legal point established in the judgment is the consideration of medical records and the nature of injuries sustained and diagnosed in determining the compensation for a road traffic accident.

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle Act, 1988, against the judgment and decree dated 11.08.2017 made in M.C.O.P.No.300 of 2012 on the file of the Motor Accidents Claims Tribunal, II Additional District Judge, Vellore, Ranipet.)

1. The claimant in M.C.O.P.No.300 of 2012 on the file of the Motor Accident Claims Tribunal (II Additional District Judge), Ranipet, Vellore, is the appellant herein.

2. This appeal is filed for enhancement of compensation being not satisfied with the quantum of compensation awarded by the Tribunal for the injuries sustained by the claimant in the road traffic accident occurred on 29/01/2012 at Chennai to Bangalore Road, near Arapakkam Middle School, Arcot Town.

3. As per the claim petition, the accident occurred when the claimant was proceeding from East to West, in his two wheeler bearing registration No.JH-02-L-5035, a car bearing registration No.KA-02-Z-7009, which came in the same direction, hit the motorcycle of the claimant. In the said impact, the claimant was thrown out and sustained multiple injuries over his head, ribs and right foot. The claimant was treated from 29/01/2012 to 30/01/2012 as impatient at CMC Hospital at Vellore. Then, shifted to M.I.O.T Hospital at Chennai, where he was treated as inpatient from 01/02/2012 to 04/02/2012. Alleging the accident occured due to the rash and negligent driving of the car driver, the owner of the car and its insurer were called upon to pay compensation of Rs.10,00,000/- for the injuries.

4. The Counter filed by the 2nd respondent/insurance company stating that, the manner of the accident as narrated in the claim petition denied. The injuries alleged to have been sustained in the accident are denied. The claim petition is bad for non-joinder of necessary party, namely the insurer of the two wheeler, which the claimant was riding at the time of accident. At the time of causing accident, the claimant had no valid driving license. He was carrying two persons on the pillion contrary to the MV Act and Rules. Driving vehicle without proper driving license is violation of policy condition. The insurer of the two wheeler not impleaded as respondent. The omission to implead the insurer of the two wheeler render the claim petition liable to be dismissed for non-joinder of necessary party.

5. It was further contended in the counter, the claimant along with two persons on the pillion, without proper signal, suddenly turned to his right, without reducing the speed at the point diversion of the Highways Road. He crossed the line of the car proceeding behind. The car hit the ride side of the motorcycle. The right side of the motorcycle and the left side of the car got damaged. The claimant paid fine of Rs.3,200/- for non-possession of Driving License and driving the two wheeler with two persons on the pillion. Hence, the principle of contributory negligence is applicable. Further, the quantum of compensation claimed under various heads are highly exorbitant.

6. Before the Tribunal, the claimant and one another witness were examined as PW-1 and PW-2. Ex P-1 to Ex P-15 were marked. On the side of the respondent no evidence let in.

7. The Tribunal, based on the evidence produced, held that the accident occurred due to 90% negligence on the part of the car driver, and 10% contributory negligence on the part of the claimant. Awarded a sum of Rs.1,17,500/-, after deducting 10% for contributory negligence.

8. The appeal is filed for enhancement on the ground that the claimant had sustained 100% functional disability due to loss of hearing capacity. Disability Certificate (Ex.P-14) is given by the Doctor assessing the functional disability due to loss of hearing capacity as 100%. The Tribunal failed to apply the multiplier method, even though the claimant had suffered injuries causing total disability. The Tribunal failed t