The main legal point established in the judgment is that compensation for loss of earning capacity due to functional disability should be determined at 100% of the claimant's monthly income, as per the Motor Vehicles Act 1988 and relevant guidelines.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act 1988, to enhance the award dated 16.07.2014 made in M.A.C.T.O.P.No.2672 of 2013 on the file of the Motor Accidents Claims Tribunal, (in the Court of III Small Causes) Chennai.)

1. This appeal has been filed by the appellant/injured claimant for enhancement of compensation. The Tribunal awarded compensation for a sum of Rs.3,98,017/- together with interest at the rate of 7.5% from the date of the claim petition till the date of deposit.

2. The averments in the claim petition is that on 26.01.2012 at about 6.20 hours while the claimant was riding a two wheeler bearing Reg.No.TN-22- AU-0784 from Selaiyur to Medavakkam from west to east direction, proceeding towards Kamarajapuram junction, at that time, a Jeep bearing Reg.No.TN-22- BL-7032 came in a rash and negligent manner from Medavakkam without giving any horn and dashed against the claimant's motorcycle, thereby, he sustained grievous injuries. The said Jeep was owned by the first respondent and insured with the second respondent-Insurance Company. The claimant filed a claim petition, claiming a sum of Rs.15,00,000/- as compensation in M.C.O.P.No.2672/2013 on the file of the Motor Accidents Claims Tribunal, (III Small Causes) Chennai as against the first and second respondents herein.

3. The 2nd respondent/Insurance Company filed counter before the Tribunal and contested the claim.

4. Before the Tribunal, the claimant examined himself as P.W.1 and Dr.Kalkura and Dr.Saichandran who treated the claimant were examined as P.W.2 and P.W.3 and marked 16 documents as Ex.P1 to Ex.P16 on the side of the claimant. On behalf of the respondents, no oral and documentary evidence were let in.

5. The Court below after considering the pleadings, oral and documentary evidence of both sides, awarded a sum of Rs.3,98,017/- under the following heads:

        Aggrieved over the same, the appellant/claimant has filed this appeal seeking enhancement of the compensation.

6. (a) According to the learned counsel for the appellant, the claimant was aged about 20 years and was working as an Accounts Assistant in Pearl Foundation and earned about a sum of Rs.9,000/- per month at the time of accident and the copy of B.Com degree certificate has been marked as Ex.P11. But, the Tribunal has erroneously fixed a sum of Rs.6,000/- as notional income.

(b) The testimony of P.W.2 doctor is that the injured sustained fracture of right Zycomatic, fracture of 3 teeth, right TM Joints fibrosis, midline shift to left side resulting in deranged occlusion causing mastigatory dysfunction, muscular dysfunction, disfigurement and impaired facial expression and maxila facial bone fractures and assessed the disability at 35% + 25% + 10%. P.W.3-Doctor assessed the disability of 50% for the fracture in the skull and his testimony shows that the accident caused disfigurement of the right side of the face, and due to the brain contusion, the claimant developed right sided residual right hemiparesis and also right side of the upper limb and lower limb muscle power and tone reduced by 1 grade-4/5; the brain injury is causing headache and giddiness and activity in sun light causes pain and tenderness in the skull. But the Tribunal fixed the disability at 40% and overall converted the disability to whole body by (40+20=60%) 60/3 % which would comes to 20% which is very low. Further, the Tribunal erred in not awarding any amount under th