The main legal point established in the judgment is the assessment of just and reasonable compensation for injuries sustained in a motor accident, based on the evidence presented before the Tribunal.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Order 173 of Motor Vehicles Act, 1988, to set aside the Judgment and decree dated 12.08.2014 passed in M.C.O.P.No.319 of 2000 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Palani.)

1. This Civil Miscellaneous Appeal has been filed against the Judgment and decree dated 12.08.2014 passed in M.C.O.P.No.319 of 2000 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Palani, by the appellant / Insurance Company challenging the liability as well as the quantum of the award passed by the Tribunal.

2. For the sake of convenience, the parties are referred herein as per their rank before the Trial Court.

3. The brief facts in a nutshell are as follows:

(i) This is a case of injury. On 01.10.1998 at about 6.15 P.M., while the petitioner along with other co-passengers were travelling in the Rama Vilas bus bearing registration No. TN.27 T 5889 belonging to the 2nd respondent from Salem to Namakkal NH-7, main road, near Santhiyur Pirivu Road, it dashed against another vehicle bearing registration No. TN-27-0679 which came from the opposite direction towards Salem. As a result of which, the petitioner and many others were seriously injured and four persons died on the spot. Due to the injuries sustained by the petitioner, he was immediately taken to the Government Hospital, Salem. Due to the serious condition and as per the timely advice of the doctors of the Government Hospital, Salem, he was taken to Dr.Natarajan Clinic, Velur. In the said accident, the petitioner sustained fractures on his both side forehead, right upper arm, both knee joint, right thigh, right hand, left lower arm, both knee joint, right thigh, right hand, left lower arm, left ulna and right side of back and right lower ulna. Because of serious fractures and serious injuries, number of operations were done to him. Hence, the petitioner / claimant has filed a M.C.O.P.No.319 of 2000 for seeking compensation for the said injuries sustained by the petitioner before the Motor Accident Claims Tribunal, Subordinate Court, Palani.

(ii) Four issues were framed by the learned Tribunal. Following which four witnesses were examined and Ex.P-1 to Ex.P-18 were marked on the side of the petitioner. One witness was examined and no document was marked on the side of the respondents.

(iii) The 2nd respondent had filed a counter refuting the allegations put forth in the claim petition. The 1st respondent remained exparte before the Tribunal. On the basis of the oral and documentary evidence and the arguments submitted by the respective parties before the Tribunal, the learned Tribunal had proceeded to conclude that the accident had occurred only due to the rash and negligence of the driver of the 3rd respondent's bus. However, the driver of the 1st respondent's bus could have avoided the said accident, if he had been a little careful. Hence, the learned Tribunal had concluded by fixing 25% negligence on the part of the driver of the 1st respondent's bus and 75% negligence on behalf of the driver of the 3rd respondent's bus.

(iv) On the basis of the partial permanent disability certificate issued by one Dr.V.Shanmuga Raja who was examined as P.W-3 and the partial permanent disability certificate which was marked as Ex.P-15, the partial permanent disability was arrived at 28% and the learned Tribunal has fixed Rs.2,000/- (Rupees Two Thousand only) per percentage for partial permanent disability. Hence, the learned Tribunal had proceeded to conclude that the petitioner was entitled to get an amount of Rs.88,889/- (Rupees Eighty Eight Thousand Eight Hundred and Eighty Nine only) as compensation for the injuries sustained in the said accident. The details of the compensation awarded by t