The main legal point established in the judgment is the application of legal principles in determining compensation for motor accidents, including the assessment of functional disability, loss of earning capacity, and compensation for pain and suffering.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree, dated 26.11.2018, made in M.C.O.P.No.200 of 2018, on the file of the Motor Accident Claims Tribunal – I Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree, dated 26.11.2018, made in M.C.O.P.No.200 of 2018, on the file of the Motor Accident Claims Tribunal – I Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.)

Common Judgment

1. C.M.A.(MD)No.261 of 2019 has been filed against the award, dated 26.11.2018, made in M.C.O.P.No.200 of 2018, on the file of the Motor Accident Claims Tribunal –I Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur. The appellant herein is the respondent and the respondent herein is the claimant in the original M.C.O.P. Petition.

2. C.M.A.(MD)No.290 of 2021 has been filed against the award, dated 26.11.2018, made in M.C.O.P.No.200 of 2018, on the file of the Motor Accident Claims Tribunal –I Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur. The appellant herein is the petitioner and the respondent herein is the respondent in the original M.C.O.P. Petition.

3. Brief substance of the claim petition, in M.C.O.P.No.200 of 2018, is as follows:

On 11.09.2015, at about 01.30 pm., the petitioner / Ponraj was driving a lorry bearing Registration No.TN-57-W-0977, along the Madurai - Trichy four way track, near Kottampatti Vanjinagaram timepass hotel, he parked the vehicle on the extreme left of the road, a vehicle bearing Registration No.TN-28-AL-1156 was parked infront of the lorry and the lorry driver - Kaleeswaran was talking with the petitioner, at that time, a bus bearing Registration No.TN-45-N-3341 driven by its driver in a rash and negligent manner, tried to overtake some other vehicle, came to the extreme left of the road and dashed against the lorry bearing Registration No.TN-57-W-0977. The above said Kaleeswaran died on the spot. The petitioner sustained injuries and he claimed a sum of Rs.15,00,000/- as compensation.

4. Brief substance of the counter filed by the respondent in M.C.O.P.No. 200 of 2018 is as follows:-

The manner of accident, injuries, medical expenses, mode of treatment are all to be proved. On 11.09.2015, the respondent's bus driver drove the vehicle in a slow and steady manner, observing all the road rules. It was the driver of the lorry, bearing Registration No.TN-57-W-0977, drove the vehicle in a rash and negligent manner, without observing the traffic, moved the lorry from the left to right and dashed against the bus. Both the owner of the lorries, bearing Registration Nos.TN-57-W-0977 and TN-28-AL-1156 and their Insurance Companies are necessary parties to the case and the petition has to be dismissed for non-joinder of necessary parties. The petitioner has to prove that he is disabled and there is loss of income. The driver of the bus was not responsible for the accident. Hence, the respondent is not liable to pay compensation. The amount claimed is excessive.

5. On the side of the claimants, 2 witnesses were examined and 17 documents were marked. On the side of the respondents, 1 witnesses was examined and 1 document was marked. One document was marked as Court document. After considering both sides, the Tribunal awarded a sum of Rs.5,66,300/- as compensation.

6. Against the award, the claimant filed an Appeal in CMA(MD)No.290 of 2021 and the Transport Corporation filed an Appeal in CMA(MD)No.261 of 2019. The grounds of appeal in CMA(MD)No.261 of 2019, is as follows:-

The Tribunal has fixed the monthly income at Rs.8,000/-, without any specific proof for the same. The Tribunal has erred in adopting multiplier method for an injury case. The Tribunal is wrong in fixing 30% functional disability, without any basis. The amount awarded towards permanent disability