The court applied the multiplier method and considered the percentage of disability to calculate the compensation amount, highlighting the principles established in the 2021-1-TNMAC-404(SC) judgment.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree, made in M.C.O.P.No.282 of 2020, dated 20.12.2021, on the file of Motor Accident Claims Tribunal – III Additional Sub Court, Tiruchirappalli.)

1. This Civil Miscellaneous Appeal is filed against the award, made in M.C.O.P.No.282 of 2020, dated 20.12.2021, on the file of Motor Accident Claims Tribunal – III Additional Sub Court, Tiruchirappalli. The appellant herein is the respondent and the respondent herein is the claimant in the original M.C.O.P. Petition.

2. Brief substance of the claim petition in M.C.O.P.No.282 of 2020, is as follows:

On 29.07.2018, at about 10.00 pm., when the petitioner was riding a two wheeler bearing Registration No.TN-48-AF-3579 along with a pillion rider, by name, Arockiyasamy, along the Dindigul – Trichy National Highway, near Vannankovil bus stop, in a slow and cautious manner, a bus, bearing Registration No.TN-01-AN-1441 was driven by its driver in a rash and negligent manner, dashed against the two wheeler. The petitioner sustained injuries. He was admitted in Trichy Maruti Hospital and took treatment as inpatient from 30.07.2018 till 16.08.2018. He undergone surgery, plates and screws were affixed and K.Wires were affixed. Before the accident, the petitioner was earning Rs.500/- per day as a construction coolie. The petitioner claimed a sum of Rs.15,00,000/- as compensation.

3. Brief substance of the counter filed by the respondent, in M.C.O.P.No.282 of 2020, is as follows:

The manner of accident as narrated in the petition is wrong. The bus was driven by its driver in a slow and cautious manner. It was the rider of the two wheeler, who all of a sudden crossed the road in a rash and negligent manner and invited the accident. The injuries are simple in nature. The petitioner was not wearing helmet. The profession, income are all denied.

4. On the side of the claimants, 1 witnesses was examined and 13 documents were marked. On the side of the respondents, 1 witness was examined and no document was marked. 1 document was marked as Court document. After considering both sides, the Tribunal awarded a sum of Rs.13,08,838/- as compensation.

5. Against the order, the appellant / Transport Corporation has filed this appeal on the following grounds:-

The Tribunal has failed to fix the entire negligence on the injured, who rode the two wheeler, without wearing helmet in a rash and negligent manner, abruptly, crossed the road, without any indication. The Tribunal wrongly has fixed the entire responsibility on the Transport Corporation. The award is excessive. Without any proof of income, the Tribunal has fixed the monthly income as Rs.8,000/- which is too high. The Tribunal is wrong in adopting multiplier method and adding future prospects for partial disability. The Tribunal has awarded Rs.2,74,118/- towards medical expenses, Rs.1,25,000/- towards pain and sufferings, Rs.50,000/- towards loss of amenities, Rs.25,000/- towards future medical expenses, Rs.15,000/- towards extra nourishment, Rs.7,000/- towards transport expenses, Rs.10,000/- towards attender charges and Rs.4,000/- towards damage to articles, which are all excessive.

6. On the side of the appellant, it is stated that the accident has happened only due to the rash and negligent driving of the claimant himself. The driver of the bus drove the vehicle in a slow and cautious manner, by observing the traffic. The rider and the pillion rider were not wearing helmet. The rider of the two wheeler has no driving licence.

7. On the side of the respondent / claimant, it is stated that R.W.1 is an official of the Transport Corporation and his evidence is not reliable. The Transport Corporation has failed to examine any other witnesses. The accident has happened only due to the rash and negligent driving of the bus driver.

8. Ex.P1 is the copy of the F.I.R, Ex.P5 is the copy of the charge sheet. Ex.P13 is the copy of the j