Point of law: occupation and determination of assessment of loss of income due to the permanent disability suffered by the injured in the road transport accident, when the claimant has suffered permanent disability and such a nature which will affect his earning capacity and hence, for functional disability, multiplier method has to be adopted.

JUDGMENT :

(Prayer: Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 26.02.2016 made in M.C.O.P.No.215 of 2011 on the file of the Motor Accidents Claims Tribunal, Sub Court at Dharapuram.)

1. Claimant has filed this appeal seeking enhancement of compensation awarded by the learned Sub Judge, (Motor Accidents Claims Tribunal), Dharpuram, in M.C.O.P.No.215 of 2011, dated 26.02.2016.

2. The accident in this case happened on 09.04.2010 at about 8.15 p.m., on the Dharapuram to Udumalai main road near Kanniyathal Kovil. On the date of the accident, the claimant was riding a TVS 50 moped bearing Registration No.TN-37-J-2963 on the left edge of the road from North to South and at that time, the first respondent drove a Maruthi Omni Van bearing Registration TN-09-F- 9857 from South to North in a rash and negligent manner from the opposite direction and dashed against the moped. As a result of which, the claimant sustained grievous injuries and multiple injuries all over his body. Immediately after the accident, the claimant was taken to Dharapuram Government Hospital and thereafter shifted to Ganga Hospital at Kovai, where he was taken treatment as an inpatient for 27 days; surgery was done in many places and plate was also fixed. For the injuries sustained by him, he has filed a claim petition claiming a sum of Rs.6,00,000/- as compensation.

3. Before the Tribunal, the injured/claimant examined himself as P.W.1 and P.Ws.2 and 3 were also examined and documents Exs.P.1 to P.19 were marked. No witness was examined and no document was marked on the side of the respondents before the Tribunal.

4. The Tribunal, after considering both oral and documentary evidence adduced on the side of the injured/claimant, awarded a sum of Rs.4,46,570/- under various heads as compensation. Having not satisfied with the award passed by the Tribunal, the injured/claimant has preferred this appeal for enhancement of compensation.

5. The factum of the accident, manner of the accident and negligence on the part of the driver of the first respondent's vehicle are not in dispute and hence, the same are hereby confirmed.

6. Heard the learned counsel for the appellant/claimant and the learned counsel for the third respondent/insurance company.

7. On a perusal of oral evidence, it is seen that P.W.3- Dr.Periyasamy, based upon the physical examination of the injured/P.W.1, along with Ex.P.2-Accident Register and Exs.P.9 to P.12- Discharge Summaries issued by Kovai Ganga Hospital, has assessed the permanent disability and fixed it as 52%. The Tribunal, has fixed the permanent disability at 50% and awarded a sum of Rs.2,000/- per percentage of disability and consequently, awarded compensation of Rs.1,00,000/- under the head of permanent disability.

8. Learned counsel for the appellant/claimant would contend that the appellant/claimant had sustained grievous injuries and in support of the same, he relied on Ex.P.17-Discharge Summary, wherein, the following injuries were found.

"Head Injury; Grade III B open fracture mid shaft left Tibia; Left distal Radius fracture styloid; Hoffa fracture left femoral condyle; Lacerations over face, right side of chest, right great toe."

9. In view of the complications involved therein, the claimant has sustained the following injuries:

"Multiple lacerations and fracture both bone left leg, it was decided to do initial debridement and external fixator application for left tibia and PSS for facial wounds and injuries were right great toe, right lower chest, externsor expansion repair right index finger + PSS. Staged procedures, the gastrocnemius flap cover and transposition flap cover and SSG later. Definitive bone procedures can be delayed till wound settles at flap cover site and graft site. Post operative complications like infection, osteomyelities left tibia, delayed union, non union a