The impact of disability on earning capacity and the re-evaluation of compensation under different heads based on the appellant's hospitalization and surgeries.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the Judgement and Decree dated 20.06.2019 made in MACT.O.P.No.822 of 2007 on the file of the Motor Accidents Claims Tribunal, Chennai, (In the III Court of Small Causes, Chennai).

1. This appeal has been filed by the petitioner seeking an enhancement of the compensation granted by the Motor Accidents Claims Tribunal, III Small Causes Court, Chennai in M.C.O.P.No.822 of 2007. The brief facts are as follows.

2. The appellant herein who at the time of the accident was aged about 11 years had filed the above claim petition seeking compensation of a sum of Rs.10,00,000/- for the injuries sustained by him in a road accident on 22.12.2004.

3. It is the case of the appellant that on the said date, i.e., 22.12.2004, when he was walking on Meenakshi Road keeping to the extreme northern side of the road, a Tata Mini Lorry bearing Registration No.TN 39 D 5965 belonging to the 1st respondent and insured with the 2nd respondent which was driven in a rash and negligent manner and proceeding in the same direction hit the appellant from behind, as a result of which he had sustained multiple fracture and grievous injuries. It is the case of the appellant that the accident had occurred only on account of the lorry driver.

4. The 2nd respondent Insurance Company had filed a counter denying the claim and stating that the appellant was negligent while walking on the road and had also contributed to the accident. Further, the quantum of compensation claimed was very high under the various heads.

5. The Tribunal held that the accident had occurred only on account of the negligence of the driver of the 1st respondent's lorry and held the 1st and 2nd respondents liable to compensate the appellant. Pending the claim petition, the appellant had attained majority and therefore his guardian was discharged and the appellant was declared a major.

6. The Tribunal had awarded a compensation of a sum of Rs.1,86,300/-. The Medical Board had assessed the petitioner's disability at 20%. The Tribunal had granted compensation under the head of Disability at Rs.3,000/- per percentage. The appellant is aggrieved by the fact that the Tribunal has not taken into account the disability and its impact on his day-to-day activities and his earning capacity and has erroneously calculated compensation on percentage basis and not on the multiplier method. This is the primary ground on which the appellant is before this Court.

7. Mr.K.Suryanarayanan, learned counsel appearing on behalf of the appellant would contend that the Tribunal below has not considered Ex.P.2, Ex.P.3, Ex.P.4 and Ex.P.7 from its proper perspective and had the same been taken into account, the Tribunal would have noticed the fact that the appellant had suffered pelvic fracture, for which plates and screws had been inserted and later which had been removed. The learned counsel would submit that there is shortening of the right leg, which is a permanent disablement since the appellant would have to walk with a limp throughout his life. The learned counsel would submit that taking into account the above, the Tribunal ought to have calculated the compensation by adopting multiplier method. The learned counsel for the appellant would further submit that the amount under the head of Pain and Suffering, Transportation and Attender Charges were on the lower side.

8. Mr.M.J.Vijayaraghavan, learned counsel appearing on behalf of the respondent Insurance Company would submit that there is no such disablement as contended by the appellant and the Tribunal has rightly calculated the compensation under various heads and therefore the award of the Tribunal below may be upheld.

9. Heard the learned counsels and perused the records.

10. The primary ground on which the enhancement is sought for that the petitioner had suffered