IMPORTANT POINT
The preponderance of probabilities determines liability in motor accident cases, and proper evidence is essential for disability assessment and verification of medical expenses.

JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgement and decree dated 18.02.2021 made in M.C.O.P.No.493 of 2013 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Tirupattur and be pleased to dismiss the claim for compensation.)

1. This Civil Miscellaneous Appeal is directed against the order dated 18.02.2021 made in M.C.O.P.No.493 of 2013 on the file of Motor Accident Claims Tribunal, Special Sub Court, Tirupattur.

For the sake of convenience, the parties are referred as described before the Tribunal.

2. Briefly stated, on 06.08.2011 the claimant was riding his motorcyle bearing Registration No. TN 25 L 7039 and at about 12.30 p.m when he was proceeding towards Vaniyambadi to Ambur NH road, near Vinnamangalam landmark hotel, a Tanker lorry bearing Reg.No. TN 23 X 2959 proceeding in front of the two wheeler, the driver of the lorry suddenly applied brake without giving signal or blowing signal light. Due to the same, the petitioner dashed on the back side of the lorry and sustained injuries all over the body. He was taken to the Government Hospital, Ambur and thereafter to Vellore CMC for treatment. The claimant is even now undergoing private treatment. At the time of accident, the claimant was 25 years old and was earning Rs.20,000/- per month by doing business. Accordingly, claim for compensation for Rs.10,00,000/- has been made by the claimant for the injuries suffered by him in the said accident.

3. The 1st respondent remained absent.

4. The 2 nd respondent/Insurance Company resisted the claim of the claimant stating that the accident occurred due to the rash and negligent driving of the claimant and the FIR was also registered against the claimant. Hence, the 2nd respondent/Insurance Company is not liable to pay any compensation to the claimant.

5. However, the claims Tribunal came to the conclusion that the accident occurred due to the negligent driving of the lorry driver and held that the claimant is entitled to claim compensation from the respondents. The Tribunal has awarded a sum of Rs.3,16,564/- carrying interest at the rate of 7.5% per annum.

6. Aggrieved by this, the present Appeal is preferred by the 2nd respondent/Insurance Company. Through this appeal, award has been challenged on the following grounds:

1. The claimant alone is responsible for the accident and therefore, the Insurance Company is not liable to pay the compensation;

2. The Tribunal was not justified in awarding Rs.90,000/- towards partial permanent disablement taking disability as 30% without any basis; and

3. The amount arrived by the Tribunal on the basis of medical bills requires interference. The amount paid as ''advance deposit'' was taken into account in addition to the actual expenses incurred as per Final Bill which is incorrect. Furthermore, the medical bills of one Mrs. Gowri was also taken into account, which ought to have been rejected by the Tribunal.

7. On the other hand, the learned counsel appearing for the claimant would submit that though the FIR was registered against the claimant, in Motor Accident cases, the preponderance of probabilities alone has to be taken into consideration and the question of beyond reasonable doubt do not arise as in the case of criminal jurisprudence. His further contention is that the disability certificate was marked with the consent of both sides and therefore, the same cannot be challenged by the Insurance Company before the appellate Court. He would further submit that, the medical bills were not objected by the Insurance Company at the time of marking before the Tribunal and therefore, the contention of the learned counsel for the Insurance Company that the amount arrived on the basis of medical bills requires interference cannot be accepted. Hence, the award passed by the learned Tribunal calls fo