The main legal point established in the judgment is the application of principles related to compensation under the Motor Vehicles Act, 1988, including the assessment of disability, loss of income, and entitlement to future medical expenses.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to enhance the compensation amount in M.C.O.P.No.504 of 2015 on the file of the Motor Accident Claims Tribunal – IV Additional Sub Judge, Madurai.)

1. This Civil Miscellaneous Appeal has been filed to enhance the compensation amount in M.C.O.P.No.504 of 2015 on the file of the Motor Accident Claims Tribunal – IV Additional Sub Judge, Madurai. The appellant herein is the claimants and the respondents herein are the respondents in the original M.C.O.P. Petition.

2. A brief substance of the petition, in M.C.O.P.No.504 of 2015, is as follows:-

On 26.06.2015, at about 08.10 am., when the petitioner was walking along the mud road, adjourning Melur - Madurai main road, near P.S.P. Petrol Bunk, a school bus bearing Registration No.TN-59- AX-7185, which came in a rash and negligent manner, dashed against the petitioner. The petitioner sustained injuries and the right leg below the knee level was amputated. The petitioner took treatment as in patient from 26.06.2015 till 02.08.2015. The petitioner was a retired Special Sub Inspector of Police and he was working as a salesman at Guru Chola Hot and Cool drinks and was earning Rs.6,000/- pm., he was doing real estate business and was earning Rs.5,000/- per month. He has to wear artificial leg, which need to be changed in every two years, until his death. The petitioner claim a sum of Rs.15,00,000/- as compensation.

3. A brief substance of the counter filed by the first respondent, in M.C.O.P.No. 504 of 2015 is as follows:-

The manner of accident as alleged by the petitioner is not true. The driver of the bus drove the vehicle in a moderate speed, adhering to the traffic rules. The petitioner was walking along the road speaking to somebody, through mobile phone. It was the petitioner, who was careless and he invited the accident. The petitioner has to prove his age, occupation, monthly income, nature of injuries and disability with documentary evidence. The claim is excessive.

4. A brief substance of the counter filed by the second respondent, in M.C.O.P.No.504 of 2015 is as follows:-

The manner of accident is denied. The first respondent vehicle has no valid insurance policy. The driver did not possess valid driving licence. The respondent is not liable to pay compensation. The driver of the first respondent drove the vehicle in a careful and cautious manner. It was the petitioner, who suddenly crossed the road and he invited the accident. The petitioner has to prove the age, occupation, income, injuries and disability. The claim is excessive.

5. Two (2) witnesses were examined and 19 documents were marked on the side of the petitioner. No witness was examined and no document was marked on the side of the respondents. One (1) document was marked as witness document. One (1) Document was marked as Court document. After considering both sides, the Tribunal awarded a sum of Rs.5,55,100/- as compensation to be paid by the second respondent.

6. Against the award, the claimant - appellant has filed this Appeal on the following grounds:-

The Tribunal failed to consider that the respondent failed to examine any witness or to mark any document. The Tribunal failed to consider that the petitioner was working as a salesman in a private company and was getting Rs.6,000/- per month and the Tribunal has failed to consider that he was getting Rs.5,000/- by doing real estate busines and the income fixed by the Tribunal has to be enhanced. The Tribunal is wrong in applying multiplier ''5'', the age of the claimant at the time of accident is 63 years and multiplier ''7'' is to be adopted.

7. On the side of the appellant, it is stated that the tribunal failed to consider that the petitioner has undergone surgery and his right leg was amputated and he took treatmen