Court emphasized the need for careful assessment of permanent disability and loss of earning capacity while determining compensation in accident cases.

JUDGMENT :

R. POORNIMA, J.

1. The appellant / respondent / Transport Corporation has filed this Civil Miscellaneous Appeal against the fair order and decreetal order dated 23.06.2022 passed in M.C.O.P.No.79 of 2020 by the Motor Accident Claims Tribunal III Additional Subordinate Court, FTC, Trichy.

2. Brief case of the claimant before the lower Court is as follows:

(i) On 12.06.2018 at about 9.00 p.m., the petitioner was driving his motor cycle bearing registration No.TN-55-AM-1086 TVS Scooty Zest from East to West direction and turned towards South–North direction in a normal speed, adhering to the traffic rules. He was driving carefully on the extreme left side of the road on Pudukkottai – Trichy Road. A bus bearing registration No.TN-55-N-0808 proceeding from the same direction was being driven by its driver in a rash and negligent manner at a high speed and without adhering to the traffic rules. It dashed the motorcycle from behind. Due to the sudden impact of the accident, the petitioner sustained multiple grievous injuries all over his body, including crush injury on his right leg, fracture on his left leg and injury on his left shoulder, cheek and right side of forehead. The petitioner was admitted at KMC hospital on 13.06.2018 as in-patient and his leg below the left knee was amputated on 15.06.2018 and thereafter, he was discharged on 27.06.2018 from the same hospital. Till now, he is undergoing treatment. He had spent more than Rs.10,00,000/- (Rupees Ten Lakhs only) towards medical treatment. His normal condition could not be restored.

(ii) The accident happened due to carelessness, negligence, and rash driving of the bus driver. The bus bearing registration No.TN-55-N-0808 belongs to the State Transport Corporation. Hence, it is exempted from insurance. The respondent alone is liable to pay compensation to the petitioner. The FIR was registered in Crime No.89 of 2018, under sections 279 and 337 IPC.

(iii) At the time of the accident, the petitioner was 39 years old. Before the accident, he was hale and healthy and was working as Havildhar Clerk in Military and there by earning a sum of Rs.70,000/- per month. Due to amputation on his right leg and fracture on his left leg, injury on his left shoulder, cheek and left side of forehead, he is not able to walk, stand, sit and squat and is also suffering from pain due to the injury on his shoulder. He is not able to lift any weight and has lost his hand grip. He is also suffering from facial disfiguration. He is totally disabled due to the accident and is unable to attend his normal work as before. Due to the injuries, he is unable to work. The pain and suffering is unbearable. He is the only earning member in his family. The petitioner requires a lifelong attendant. Therefore, he prays to award a sum of Rs.2,00,00,000/- (Rupees Two Crores only) as compensation from the respondent.

3. The respondent filed counter as follows:

(i) The petition is false, frivolous and liable to be dismissed. On 12.06.2018, the driver of the vehicle TN-55-N-0808 took the vehicle from Pudukkottai Bus stop with passengers to Trichy at about 9.00 p.m., near MIOT College and drove the vehicle slowly with caution. At that time, the petitioner came in his two wheeler bearing Registration No.TN-55-AM-1086 TVS Scooty Zest without