The main legal point established in the judgment is the assessment of negligence, disability, and loss of income in determining compensation under the Motor Vehicles Act.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to allow the appeal and to enhance the award amount in M.C.O.P.No.242 of 2009, on the file of the Motor Accident Claims Tribunal - Principal Sub Court, Tirunelveli, dated 11.03.2011.)

1. This Civil Miscellaneous Appeal has been filed to enhance the award amount in M.C.O.P.No.242 of 2009, on the file of the Motor Accident Claims Tribunal - Principal Sub Court, Tirunelveli, dated 11.03.2011. The appellant herein is the claimant 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.242 of 2009, is as follows:-

On 05.05.2009, when the petitioner was travelling in a bus bearing Registration No.TN-58-N-1191, the driver of the bus drove the vehicle in a rash and negligent manner and dashed against a mini lorry bearing Registration No. TN – 59 - AA - 9784, which was parked on the Tharroad without any parking light. The petitioner sustained injuries and fractures on both the legs. He was taken to Government Rajaji Hospital, Madurai and he was admitted as inpatient. He undergone surgery and steel plates were implanted. The petitioner claim a sum of Rs.10,00,000/- as compensation.

3. A Brief substance of the counter filed by the first respondent, in M.C.O.P.No.242 of 2009, is as follows:

The accident has happened only due to the negligent act of the driver of the mini lorry. The age, income and injuries are to be proved. The claim is excessive.

4. A Brief substance of the counter filed by the third respondent, in M.C.O.P.No.242 of 2009, is as follows:

When the mini lorry was not insured with the third respondent, the driver of the lorry was not having valid driving licence. The accident did not happen due to the rash and negligent of the second respondent. Criminal case was registered only against the first respondent driver. The lorry was parked with the parking lights. The nature of injury as stated in the petition is wrong. The claim is baseless and the claim petition is to be dismissed.

5. Two (2) witnesses were examined and 16 documents were marked, on the side of the claimant. No witness was examined and no document was marked, on the side of the respondents. After considering both sides, the Tribunal awarded a sum of Rs.1,31,562/- as compensation to be paid by the first respondent with interest at the rate of 9% p.a..

6. Against the order, the claimant / appellant has filed this appeal on the following grounds:-

The Tribunal granted Rs.10,000/- towards pain and sufferings and the same is to be enhanced to Rs.50,000/-. The claimant is a borewell lorry driver and hence, functional disability should be fixed as 100% and multiplier method ought to have been adopted. The Tribunal ought to have awarded separate compensation for loss of income and for permanent disability. The Tribunal ought to have awarded compensation for loss of amenities and loss of expectation of life.

7. On the side of the appellant, it is stated that the respondents side has not examined any witness and failed to mark any document. The respondents have not chosen to file any appeal and the liability fixed by the Tribunal is to be confirmed.

8. On the side of the first respondent – Transport Corporation, it is stated that in the evidence of P.W.1 and even in the claim petition, it was stated that there was no negligence on the side of the driver of the Corporation bus. It was the mini lorry that was parked on the middle of the road, without the parking lights. There was no evidence on the side of the lorry owner or on the side of the Insurance company. The Transport corporation is not liable to pay compensation.

9. Copy of F.I.R was marked as Ex.P1. Copy of the observation mahazer was marked as Ex.P2. Copy of the charge sheet was marked as Ex.P3. Copy of the M.V.I. report was marked as Ex.P4. Based