The main legal point established in the judgment is the need for uniformity in the assessment of disabilities in motor accident cases and the prevention of unscrupulous practices by doctors issuing disability certificates without proper examination.

JUDGMENT :

P.T. ASHA, J.

PRAYER: Petition filed under Section 173 of the Motor Vehicle Act, to allow the appeal and enhance the compensation in M.C.O.P. No. 1372 of 2013 dated 03.09.2018 on the file the learned V Judge, Motor Accidents Claims Tribunal, Court of Small Causes, Chennai.

1. Though the appeal is filed by the claimant seeking an enhancement, I am, while passing orders in the appeal also compelled to pass certain directions with reference to the examination of the injured persons by the Medical Board for assessing the disability as earlier orders of this Court as well as that of the Hon'ble Supreme Court have remained directions on paper and “ready to use Certificates” issued by “Stock Witness Doctors” continue to be marked and awards based on them. Before passing the above referred directions, I would first deal with the claim on hand.

2. The claimants have filed the above Civil Miscellaneous Appeal seeking to enhance the Award passed by the learned V Judge, Motor Accidents Claims Tribunal, Small Causes Court, Chennai.

3. The brief facts of the case are as follows:

The appellant/claimant who works as a Coolie (Load Man) and aged 37 years, had sustained injuries in a road accident that had occurred on 09.02.2010. By reason of the accident, the appellant had sustained a head injury, fracture in left superior pelvic rami, abrasion 2 x 1 c.m. over left maxilla and multiple injuries all over the body. He had therefore claimed a sum of Rs. 6,00,000/- as compensation.

4. It is his case that on the said date, while he was crossing Anna Salai near the Exhibition ground and proceeding in an East to West direction, a motor cycle, bearing Registration No. TN-65-J-2153 belonging to the 1st respondent and insured with the 2nd respondent, driven in a rash and negligent manner by its rider had hit the petitioner, as a result of which, the petitioner sustained grievous injuries all over the body.

5. The 1st respondent remained ex-parte and it was the 2nd respondent/Insurance Company which had filed a counter and contested the claim. In their counter statement, the 2nd respondent had stated that there was no negligence on the part of the driver of the motorcycle and the accident had occurred only due to the petitioner's negligence as he crossed the road suddenly without following the basic road rules. They had further contended that the petitioner has to prove, with documentary evidence, that the driver of the 1st respondent's vehicle was holding a valid license and the vehicle was having a valid policy.

6. The learned Judge, Small Causes Court, Chennai, by order dated 03.09.2018 had awarded a sum of Rs. 1,24,000/- as compensation under the following heads:

7. Aggrieved by this compensation that has been awarded, the appellant has filed the above appeal seeking its enhancement. It is the contention of the learned counsel for the appellant, Ms. Ramya Rao, that though PW-2, doctor had issued a Disability Certificate showing a partial permanent disability of an extent of 40%, the Tribunal has, without assigning any reason reduced it to 20%. Therefore, the percentage of disability has to be increased and proportionately the Award as he had sustained injuries on the pelvic region and was hospitalised for two days. She would further submit that the Award under the head of loss of income has also to be enhanced since the claimant had been without work for over five months on acc