The assessment of disability, nature of injuries, and calculation of compensation under the Motor Vehicles Act were central to the court's decision.

JUDGMENT

(Common Prayer: These Civil Miscellaneous Appeals are filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 20.11.2019, made in M.C.O.P. No.20 of 2009, on the file of the Sub Court, (Motor Accident Claims Tribunal) Gingee.)

Common Judgment:

V.M. Velumani, J.

1. C.M.A.No.1632 of 2021 has been filed by the appellant-Insurance Company questioning the quantum of compensation granted by the Tribunal in the judgment and decree dated 20.11.2019, made in M.C.O.P. No.20 of 2009, on the file of the Sub Court, (Motor Accident Claims Tribunal) Gingee. C.M.A.No.1386 of 2022 has been filed by the appellant-claimant seeking enhancement of the compensation granted by the Tribunal in the said award.

2. Both the appeals arise out of the same accident and same award and hence, disposed of by this common judgment.

3. For the sake of convenience, the parties are referred to as per their rank in the claim petition.

4. The claimant, represented by his mother viz., Sivakami, filed M.C.O.P. No.20 of 2009, on the file of the Sub Court, (Motor Accident Claims Tribunal) Gingee, claiming a sum of Rs.40,00,000/- as compensation for the injuries sustained by him in the accident that took place on 19.09.2008.

5. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by driver of the Tipper Lorry owned by the 1st respondent and directed the 2nd respondent-Insurance Company to pay a sum of Rs.21,79,313/- as compensation to the claimant.

6. Questioning the quantum of compensation granted by the Tribunal in the said judgment and decree dated 20.11.2019, made in M.C.O.P. No.20 of 2009, the 2nd respondent-Insurance Company has come out with C.M.A.No.1632 of 2021.

7. Not being satisfied with the amounts awarded by the Tribunal, the claimant has filed C.M.A.No.1386 of 2022, seeking enhancement of compensation.

8. The learned counsel appearing for the 2nd respondent-Insurance Company contended that in the accident, the claimant has not sustained any scheduled injury. In such circumstances, the Tribunal erroneously accepted the 65% disability assessed by the Medical Board, which is on higher side and adopted multiplier method in awarding compensation towards disability. As per Ex.R1 – clarification obtained from the Apollo Hospital, it is seen that out of the actual medical expenses of Rs.5,60,958/-, the claimant has availed a sum of Rs.1,99,999.79/- towards reimbursement from the Star Health Insurance and paid only a sum of Rs.3,60,958/-. The Tribunal failed to note that the amounts mentioned at Serial Nos.13, 15 & 16 of Ex.P7 are only estimation bills and not the expenses incurred by the claimant. The Tribunal ought to have considered the evidence of R.W.1 – Doctor and Ex.R1, which is the actual medical bill, for the expenses incurred by the claimant. The Tribunal erred in taking into consideration Ex.P7 in total, without excluding the estimation bills. The amounts awarded by the Tribunal under the heads of pecuniary loss, medical expenses, loss of amenities and pain and suffering are excessive and prayed for reducing the same and dismissal of C.M.A.No.1386 of 2022, filed by the claimant.

9. The learned counsel appearing for the claimant contended that in the accident, the claimant sustained multiple injuries, fracture in his femur bone and has taken treatment as in-patient at Hospital for about 52 days. The Medical Board has assessed and certified that the claimant suffered 65% locomotor disability. At the time of accident, the claimant was working as a Mason and was earning a sum of Rs.500 - Rs.600/- per day and not less than Rs.15,000/- per month. Due to the injuries sustained in the accident, he had lost his earning capacity completely. The Tribunal having found that the claimant lost his earning capacity totally, erred in awarding only a meagre sum of Rs.9,82,800/- towards future loss of earning. The amounts awarded by the Tribunal towards pa