The central legal point established in the judgment is the court's authority to rework the compensation awarded by the Tribunal based on the assessment of evidence and the provisions of the Motor Vehicles Act, 1988.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 11.11.2019 passed passed in M.C.O.P.No.105 of 2018 on the file of the Motor Accident Claims Tribunal, Uthangarai.)

1. Not being satisfied by the award passed by the Motor Accident Claims Tribunal / Uthangarai Sub-Court, dated 11.11.2019, the appellant herein / respondent Karnataka Road Transport Corporation, has preferred this Civil Miscellaneous Appeal as regards quantum.

2. The claim petition was filed under Section 166 of Motor Vehicles Act, 1988, claiming compensation of Rs.10,00,000/- for the injuries sustained by the claimant in a road accident that occurred on 02.05.2018.

3. The Tribunal after hearing both sides and upon consideration of oral and documentary evidence has passed an award for a sum of Rs.2,75,000/- with interest at the rate of 7.5% per annum from the date of filing of petition till the date of realisation.

4. The learned counsel Mr.T.Thiyagarajan appearing for the appellant, would strenuously contend that the claimant who is said to be an agricultural coolie and earning a sum of Rs.20,000/- per month: that without any documentary evidence, income of the injured which was fixed at Rs.8,000/- per month is on the higher side: That for the loss of income, no evidence was adduced. Though the disability was assessed by the Medical Board, no calculation details found in the disability certificate: the learned counsel for the appellant prayed for reduction of the compensation.

5. Per contra, the learned counsel for the respondent/claimant would vehemently argue that upon appreciating the evidence, the Tribunal has passed an award which is reasonable and prayed for dismissal of the appeal.

6. Heard the arguments of the learned counsel for the appellant Mr.T.Thiyagarajan and the learned counsel for the respondent Mr.S.P.Yuvaraj. Perused the materials available on record.

7. At trial, the claimant has examined himself as PW1 and Exs.P1 o P7 were marked. The driver of KSRTC bus, Mr.Nageswaralu was examined as RW1. The disability certificate issued by the Medical Board for the claimant is Ex.C1.

8. It is the evidence of PW1 that on 02.05.2018, at about 16.00 hours, while the petitioner was walking along the Krishnagiri - Uthankarai road near Uthangarai Muniappan Kovil on the left side of the road, at that time a KSRTC bus bearing Reg.No.KA-57-F-2726 came in a rash and negligent manner and dashed on the claimant. Due to the negligent driving of the driver of the said KSRTC bus, the accident happened, is not in dispute.

9. As per the claim petition, the age of the injured is 65 years on the date of the accident. He is said to be an agricultural coolie. The Tribunal has fixed the income of the injured at Rs.8,000/-. Considering the age of the claimant, his income is fixed at Rs.6,000/- per month. For loss of income during treatment period, an amount of Rs.18,000/- (Rs.6,000/- X 3) is granted for three months.

10. From a careful perusal of the Medical Records, Ex.P2-Copy of the wound certificate, it appears that the claimant suffered fracture of right neck of scapula, fracture of rib, he was treated as inpatient from 02.05.2018 to 06.05.2018 at Rajeswari Multispeciality Hospital, Dharmapuri. The Medical Board has assessed the disability at 40% which is a partial permanent disability. The Tribunal has granted Rs.3,000/- per percentage. Considering the nature of fracture suffered, his functional disability is taken at 34%, an amount of Rs.1,02,000/- (Rs.3,000/- X 34) is granted for partial permanent disability. In all other aspects, the award of the Tribunal appears to be reasonable and needs no interference. Therefore, the Compensation awarded by the Tribunal is reworked and tabulated as hereunder: