JUDGMENT :

V.M. VELUMANI, J.

1. The matter is heard through “Video Conferencing/Hybrid mode.”

2. This Civil Miscellaneous Appeal has been filed for enhancement of compensation granted by the award dated 20.03.2019 made in M.C.O.P. No. 3176 of 2015 on the file of the Motor Accident Claims Tribunal, Special Sub Court No. I, Small Causes Court, Chennai.

3. The appellant is the claimant in M.C.O.P. No. 3176 of 2015 on the file of the Motor Accident Claims Tribunal, Special Sub Court No. I, Small Causes Court, Chennai. He filed the above said claim petition, claiming a sum of Rs. 20,00,000/- as compensation for the injuries sustained by him in the accident that took place on 09.12.2014.

4. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the rider of the motorcycle belonging to the 1st respondent and directed the 2nd respondent-Insurance Company to pay a sum of Rs. 2,19,100/- as compensation to the appellant.

5. Not being satisfied with the amounts awarded by the Tribunal, the appellant has come out with the present appeal seeking enhancement of compensation.

6. The learned counsel appearing for the appellant contended that in the accident the appellant sustained fracture of 1/3rd tibia right side and he was referred to the Regional Medical Board constituted by the Government Kilpauk Medical College Hospital, Chennai. The Regional Medical Board constituted by the Government Kilpauk Medical College Hospital, Chennai examined the appellant and certified that appellant suffered 25% disability and issued disability certificate Ex.C1 to that effect. The Tribunal awarded a meagre sum of Rs. 75,000/- towards disability at the rate of Rs. 3,000/- per percentage of disability. The accident occurred in the year 2014 and the Tribunal ought to have awarded more amount towards disability. The appellant finds difficulty in performing his day-to-day activities. The Tribunal erred in granting compensation by adopting percentage method. The Tribunal taking into consideration the injuries and fracture, ought to have adopted multiplier method and awarded compensation. At the time of accident, the appellant was working as OT Technician at Apollo Cosmetic Surgical Center Private Limited, Teynampet, Chennai and was earning a sum of Rs. 22,620/- per month. The Tribunal has awarded compensation towards loss of income only for two months. The Tribunal ought to have awarded compensation for loss of income for six months. The appellant produced Exs.P4/inpatient bill for a sum of Rs. 1,34,120/- incurred for inpatient treatment. The Tribunal erroneously failed to award the said amount holding that the said amount can be reimbursed by personal policy taken by the appellant, which is contrary to the judgment of this Court and Hon'ble Apex Court. The Tribunal failed to award any amount towards loss of amenities and future medical expenses. The amounts awarded by the Tribunal towards loss of income, extra nourishment, pain and sufferings, attendant charges, transportation and disability are meagre. The appellant filed quotation given by the Doctor for removal of plate and the Tribunal erroneously rejected the same and prayed for enhancement of compensation.

7. Per contra, the learned counsel appearing for the 2nd respondent-Insurance Company contended that the Tribunal accepted the disability certificate issued by the Medical Board and awarded a sum of Rs. 75,000/- for 25% disability at the rate of Rs. 3,000/- per percentage of disability and the same is not meagre. The appellant has not suffered any functional disability and hence, he is not entitled to any compensation towards loss of earning capacity. In the cross examination, the appellant admitted that the amounts spent by him for medical expenses are reimbursed by personal policy taken by him. In view of the same, he is no