The court's decision emphasized the assessment of disability, future complications, loss of earning power, and medical expenses in determining the quantum of compensation.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the M.V.Act, 1988 as amended by Act 54 of 1994 to set aside the order made in M.C.O.P.No. 19 of 2011 on the file of the Motor Accident Claims Tribunal cum Special District Court, Salem, dated 23.12.2016 and for enhancement of compensation.

Civil Miscellaneous Appeal filed under Section 173 of the M.V.Act, 1988 as amended by Act 54 of 1994 to set aside the order made in M.C.O.P.No. 2456 of 2010 on the file of the Motor Accident Claims Tribunal cum Special District Court, Salem, dated 23.12.2016 and for enhancement of compensation.

Civil Miscellaneous Appeal filed under Section 173 of the M.V.Act, 1988 as amended by Act 54 of 1994 to set aside the order made in M.C.O.P.No. 20 of 2011 on the file of the Motor Accident Claims Tribunal cum Special District Court, Salem, dated 23.12.2016 and for enhancement of compensation.

Civil Miscellaneous Appeal filed under Section 173 of the M.V.Act, 1988 as amended by Act 54 of 1994 to set aside the order made in M.C.O.P.No. 40 of 2011 on the file of the Motor Accident Claims Tribunal cum Special District Court, Salem, dated 23.12.2016 and for enhancement of compensation.)

Common Judgment

1. All the four Civil Miscellaneous Appeals arise out of a common Judgment delivered in 21 Motor Accident Claims Original Petitions filed before the District Court, Salem / Motor Accident Claims Tribunal with respect to one single accident. Two persons unfortunately died in the accident and several others including the 21 petitioners had suffered injuries.

2. Aggrieved by the quantum and compensation granted in four of the Motor Accident Claims Original Petitions, the present Civil Miscellaneous Appeals have been filed.

3. C.M.A.No. 352 of 2018 had been filed against the compensation granted in M.C.O.P.No. 19 of 2011. C.M.A.No. 356 of 2018 had been filed against the compensation granted in M.C.O.P.No. 2456 of 2010. C.M.A.No. 496 of 2018 had been filed against the compensation granted in M.C.O.P.No. 20 of 2011. C.M.A.No. 497 of 2018 had been filed against the compensation granted in M.C.O.P.No. 40 of 2012.

4. The District Court, Salem, Motor Accident Claims Tribunal, by Judgment dated 23.12.2016 had disposed of all 21 Motor Accident Claims Original Petitions by a common Judgment.

5. All the claimants were passengers in a Government Transport Bus bearing Registration No. KA-30/N 0637 proceeding from Omalur to Tharamangalam on 28.09.2010. When the bus was near Auttukaranur turning from Omalur to Tharamangalam main road, at around 5 p.m., in the evening in the opposite direction, a Lorry bearing Registration No. KA-01- AB-5997 carrying load of cotton bales had come in a rash and negligent manner and had dashed against the bus and the right portion of the bus was damaged and about 40 passengers, who were sitting on the right portion suffered grievous and simple injuries. Two passengers died on the spot.

6. In this connection, FIR in Cr.No. 866 of 2010 had been registered by the Omalur Police Station under Sections 279, 337, 338 and 304-A IPC against the driver of the Lorry.

7. During the course of trial in the 21 connected cases, the Tribunal had examined 32 witnesses as PW-1 to PW-32 and had also examined four witnesses on the side of the respondents as RW-1 to RW-4. On the side of the petitioners, Exs. P-1 to P-107 had been marked and on the side of the respondents, Exs. R-1 to R-8 had been marked. As Court documents, Exs. X-1 to X-4 had been marked. Finally, by common Judgment dated 23.12.2016, compensation was granted to the injured and also to the legal representatives of the deceased. In these four appeals, this Court is concerned only with the compensation granted in the aforementioned four Motor Accident Claims Original Petitions.

C.M.A.No. 352 of 2018 against M.C.O.P.No. 19 of 2011:

8. The claimant was a minor boy Gogulraj, who was aged 11 years. The nature of injuries suffered by him were as follows:-

“fracture of the right frontal bone with adjac