IMPORTANT POINT
The court established that proper medical evidence is crucial in assessing disability for compensation claims under the Motor Vehicles Act.

JUDGMENT :

(R. Sakthivel, J.) :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, praying to allow the appeal and enhance the amount awarded in M.C.O.P.No.4241 of 2014 dated 02.08.2019 on the file of Motor Accidents Claims Tribunal (II Small Causes Court) Chennai.)

This Civil Miscellaneous Appeal is directed against the Award dated August 2, 2019, passed in M.C.O.P.No.4241 of 2014 by the 'Motor Accidents Claims Tribunal (II Court of Small Causes) Chennai' [henceforth 'Tribunal']. The appellant herein is the petitioner before the Tribunal.

Petitioner's case

2. On March 31, 2014 at about 20.15 hours, while the petitioner was crossing Perambur Paper Mills Road from north to south, a Motorcycle, bearing Registration No.TN05-AR-9667, belonging to the first respondent, came in a rash and negligent manner from west to east, knocked down the petitioner. Due to the accident, the petitioner sustained grievous injuries. According to the petitioner, the accident had occurred due to the rash and negligent riding of the rider of the Motorcycle. The first respondent is the owner and second respondent is the insurer of the first respondent Motorcycle and hence, both are vicariously liable to pay compensation to the petitioner. Accordingly, the petitioner filed a claim petition claiming compensation of a sum of Rs.2,30,000/- from the respondents.

1st Respondent's case

3. The first respondent, who is owner of the Motorcycle remained absent and accordingly, set ex-parte before the Tribunal.

2nd Respondent's case

4. The second respondent filed a counter wherein it has been stated that the petitioner alone carelessly crossed the road and fell down before the Motorcycle and invited the accident. Further, the age, occupation and monthly income of the petitioner including the manner of accident, have been denied. Accordingly, it prayed to dismiss the claim petition.

5. At trial, the petitioner was examined as P.W.1 and Dr.T.S.Kalkura was examined as P.W.2 and Ex-P.1 to Ex-P.11 were marked on the side of the petitioner. On the side of the respondents, neither witnesses were examined nor documents were marked.

Findings of the Tribunal

6. The Tribunal, after considering the oral and documentary evidence, came to the conclusion that the accident had happened due to the rash and negligent riding of the rider of the first respondent's Motorcycle, which is insured with the second respondent and therefore, directed the second respondent/Insurance Company to pay a sum of Rs.1,17,500/- as compensation to the petitioner with interest at the rate of 7.5% per annum from the date of numbering of the petition till the date of realization and with costs.

7. Dissatisfied with the quantum of compensation, the appellant/petitioner filed this Civil Miscellaneous Appeal seeking enhancement of compensation.

Arguments

8. The learned counsel for the appellant/petitioner has submitted that the Tribunal failed to appreciate the evidence available on record; that due to the accident, the petitioner suffered fracture of upper incisors deformity in lower jaw and elevation of lower teeth and nasal bone. The Doctor assessed 40% disability as partial and permanent in nature. The Tribunal, without considering the same, has taken disability as 10%. Further, the Tribunal did not appreciate the evidence of P.W.2 and Ex-P.11 - Disability Certificate. Accordingly, he prayed to allow the Civil Miscellaneous Appeal.

9. Per contra, learned counsel for the second respondent/Insurance Company would submit that Ex-P.11 - Disability Certificate was issued by a private Doctor. The petitioner did not take any steps to get Disability Certificate from the Medical Board. Hence, Ex-P.11 – Certificate cannot be considered as valid Disability Certificate. However, the Tribunal after considering the evidence of P.W.2 and Ex-P.11 – Certificate has come to the conclusion that the petitioner suffered 10% disability and accordingly, awarded a sum of Rs.3,000/- for per percentage