The main legal point established is the application of the multiplier method and consideration of the claimant's occupation and permanent disability to assess and enhance the compensation.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 08.01.2014 made in M.C.O.P.No.2243 of 2011 on the file of the Motor Accident Claims Tribunal, Special Sub Court-II, Chennai.)

1. This Civil Miscellaneous Appeal has been filed by the claimant in M.C.O.P.No.2243 of 2011, for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Special Sub Judge-III, Chennai, dated 08.01.2014, wherein the Motor Accident Claims Tribunal has awarded a sum of Rs.4,35,000/- as compensation with interest at the rate of 7.5% per annum from the date of numbering of Claim Petition till the date of realization.

2.The parties are referred to hereunder according to status and ranking before the Trial Court.

3.According to the claimant, on 17.01.2011 at about 14.00 hrs, while the petitioner was riding his mototcycle bearing registration No.TN 07 BB 2900 at C.T.H.Road, from West to East direction, opposite to Kavarapalayam Pioneer broiler chicken shop at Chennai, a goods lorry bearing registration No.TN 23 AD 5297 came in a rash and negligent manner and dashed against the motorcycle and caused injuries to him. Hence, the petitioner filed the claim petition, claiming a sum of Rs.15,00,000/- as compensation.

4. The first respondent who is the owner of the goods lorry remained ex-parte before the Tribunal. The second respondent who is the insurer of the goods lorry filed counter affidavit and denied all the averments made by the claimant and contended that due to the negligent act of the driver of the motorcycle, the accident occurred and that the Insurance company is not liable to pay compensation. In any event, the quantum of compensation claimed by the claimant is highly excessive and prayed for dismissal of the Claim Petition.

5. Before the Tribunal, on the side of the claimant examined P.W.1 to P.W.4 and marked documents as Exs.P1 to P21 and on the side of the respondents, no witness was examined and no documents marked.

6. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the driver of the goods lorry belonging to first respondent and directed the second respondent-Insurance Company to pay a sum of Rs.4,35,000/- as compensation to the appellant on the following heads: For 50% Permanent Disability at the rate of Rs.2,000/- per percent a sum of Rs.1,00,000/-; For Pain and Sufferings a sum of Rs.50,000/-; For Extra Nourishment a sum of Rs.10,000/-; For Attendant Charges a sum of Rs.10,000/-; For Transportation Charges a sum of Rs.10,000/-; For Medical Expenses a sum of Rs.1,75,000/-; For Loss of Income for a period of six months a sum of Rs.30,000/- and for Loss of Future Prospects a sum of Rs.50,000/- in all a total compensation was arrived at a sum of Rs.4,35,000/-

7. Aggrieved over the quantum fixed by the Tribunal, the appellant/claimant has filed this appeal seeking enhancement of compensation.

8. The learned counsel appearing for the appellant/claimant would submit that fixation of notional income and assessing the disability by the Tribunal is not sustainable since the claimant as a Plumber, he was earning Rs.10,000/- per month and the same has not been properly appreciated by the Tribunal. Similarly, the disability assessed by the medical officer is 80% and the same has been reduced to 50% without assigning any reasons. The future prospects of the injured also not taken into account and the method adopted for the grant of compensation for the injury is to be revised by this Court. The grant of compensation under other heads also not inaccordanc with the settled procedures adopted by the Courts.

9. The learned counsel appearing for the second respondent- Insurance Company has opposed and conteded that the Tribunal has awarded just and fair compensation. a