The judgment established the application of the multiplier method for computing loss of earning power in compensation claims under the Motor Vehicles Act, considering the claimant's age, future prospects, and relevant legal principles.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the Judgment and Decree dated 15.04.2016 passed in M.C.O.P.No.327 of 2011 on the file of Motor Accident Claims Tribunal / Chief Judicial Magistrate, Vellore.

This Cross Objection is filed under Order 41 Rule 22 of CPC against the Judgment and Decree dated 15.04.2016 passed in M.C.O.P.No.327 of 2011 on the file of Motor Accident Claims Tribunal / Chief Judicial Magistrate, Vellore.)

1. This Civil Miscellaneous Appeal has been preferred by the Insurance Company, challenging the judgment and decree dated 15.04.2016 passed by the Motor Accident Claims Tribunal / Chief Judicial Magistrate, at Vellore in M.C.O.P.No.327 of 2011.

2. The claim petition was filed under Section 166 of Motor Vehicles Act claiming compensation of Rs.13,00,000/- for the injuries sustained by the claimant in a road accident that occurred on 16.02.2011.

3. The Tribunal after evaluating the evidence has passed an award for an amount of Rs.5,78,000/- to the petitioner with interest at the rate of 7.5% per annum from the date of petition till the date of payment.

4. The learned counsel appearing for the appellant/Insurance Company Mr.J.Michael Visuvasam would strenuously contend that the Tribunal by adopting multiplier method has granted loss of income is totally unwarranted. The injured suffered fracture of ribs, dislocation of calvicular joint, fracture of right pelvic bone. He was treated conservatively for eight days. Dr.Shanmugasundaram/PW2 after four years of accident has assessed the disability at 50% is on the higher side. The Tribunal has not discussed as to how the impairment has resulted in loss of earning capacity and sought for a change.

5. Whereas, the learned counsel appearing for the claimant Mr.R.Nalliyappan, would vehemently argue that because of the above said injuries sustained by the claimant, his right side movement was considerably restricted. The claimant was a Manager. Due to the said injuries and fractures, the injured is not in a position to lift his right hand. The Tribunal has rightly adopted the multiplier method for computing loss of earning power. The Tribunal reduced the disability to 40% is not correct. The income of the claimant was fixed at Rs.6,000/- is less. The amount awarded for pain and sufferings is also not sufficient and for attender charges no amount was awarded.

6. Heard the arguments of the learned counsels for either side and perused the entire materials available on record.

7. At trial, on the side of the petitioner, PW1 to PW3 were examined and Exs.P1 to P13 were marked. On the side of the respondents two witnesses were examined. Exs.R1 to R5 were marked.

8. It is the evidence of PW1 that on 16.02.2011, at 11.30 a.m., due to the mechanical failure, the petitioner had parked his lorry bearing Reg.No.TN-21-M-4999 near Manthangal near Pachiappan Naicker Land on the left side of the road, a truck bearing Reg.No.TN-36-X-8524 came in a rash and negligent manner and hit the lorry from behind, the petitioner sustained fracture of his right pelvic bone, dislocation of right clavicle joint fracture of right ribs 2 to 9. As per Ex.P7 discharge summary issued by Christian Medical College Hospital, Vellore, he was treated as inpatient from 17.02.2011 to 24.02.2011. Initially treatment was taken at Government Hospital, Wallajah and thereafter, he took treatment at CMC, Vellore. For the fracture of pelvic bone, he had undergone surgery.

9. PW2-Dr.Shanmugasundaram, an Orthopaedic Surgeon would state that the claimant suffered from malunion as regards pelvic bone fracture. He has assessed the disability at 50%. He has opined that due to the above said fractures and injuries the injured would find it difficulty in lifting the objects while doing his work, he cannot stand or walk continuously for half an hour.

10. The Tribunal has fix