JUDGMENT :

S. KANNAMMAL, J.

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

This Civil Miscellaneous Appeal has been filed for enhancement of compensation granted by the Tribunal in the award dated 18.08.2020 made in M.C.O.P.No.942 of 2017 on the file of the Motor Accident Claims Tribunal, Special Sub Court No.I, Small Causes Court, Chennai.

2. The appellant is the claimant in M.C.O.P.No.942 of 2017 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.1,16,00,000/- as compensation for the injuries sustained by him in the accident that took place on 22.12.2016.

3. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the car belonging to 1st respondent and directed the 2nd respondent-Royal Sundaram Alliance Insurance Company Limited to pay a sum of Rs.33,70,400/- as compensation to the appellant.

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

5. The learned counsel appearing for the appellant contended that in the accident, the appellant sustained spinal cord injury, fracture of posterior neural arch of D12 and fracture of left Transverse process of L-1 on the spinal cord, fracture of left rips and compression of spinal canal and multiple injuries all over the body. The Doctors from K.K.Nagar Hospital, Chennai examined the appellant and certified that the appellant suffered 75% locomotor disability and issued Ex.P15/disability certificate & Ex.P16/disability note to that effect. The Tribunal ought to have awarded compensation for 100% disability instead of granting compensation for 75% disability. At the time of accident, the appellant was aged 32 years, working as Control Room Executive at SRM Transports India (P) Limited, West Mambalam, Chennai and was earning a sum of Rs.25,000/- per month. To prove the avocation and income, the appellant marked his Employee ID card as Ex.P12, Bank statement series as Ex.P13 and examined the Deputy General Manager, SRM Transports as P.W.2. But, the Tribunal has taken the net salary of the appellant i.e., Rs.16,745/- per month as his notional income and awarded compensation towards disability and the same is meagre. The Tribunal ought to have taken the gross salary of the appellant as his monthly income and awarded compensation towards disability. The appellant has lost his entire earning capacity and he is not in a position to do any work as he was doing earlier and hence, the Tribunal ought to have granted 50% enhancement towards future prospects. The amounts awarded by the Tribunal towards transportation, extra nourishment and attendant charges are meagre. The Tribunal has not awarded any amount towards loss of amenities and future medical expenses and prayed for enhancement of compensation.

6. Per contra, the learned counsel appearing for the 2nd respondent-Royal Sundaram Alliance Insurance Company Limited contended that the Tribunal accepted the disability certificate issued by the K.K.Nagar Hospital, Chennai and awarded a sum of Rs.24,11,280/- for 75% disability by adopting multiplier method and the same is not meagre. The appellant has not produced any documents like salary certificate or wage register to prove his income. In the absence of any material evidence with regard to income, a sum of Rs.16,745/- per month fixed by the Tribunal as notional income of the appellant is excessive. The appellant failed to produce any materials to substantiate that he requires future medical treatment. Hence, he is not entitled for compensation towards future medical expenses. The Tribunal considering the entire materials on record, has awarded a sum of Rs.33,70,400/- as co