Court enhances compensation for disability based on undervalued income and negligence in prior assessment.

JUDGMENT :

Challenging the judgment dated 31.03.2021 made in MCOP.No.933 of 2019 on the file of the Motor Accident Claims Tribunal and Chief Judicial Magistrate, Krishnagiri, the claimant has come up with this appeal.

2. The case of the appellant is that, on 08.05.2019 at about 07.30 p.m., when he was proceeding towards Pochampalli in the Hero Honda Splendor motorcycle bearing Regn.No.TN-24-F-8710 driven by one Venkatesan as a pillion rider and when they were nearing the Thiruvayalur Bus Stop, at that time, a Bolero Pick-up Van bearing Regn.No.TN-24-AB-2542, owned by the 1^st respondent, insured with the 2^nd respondent, driven by its driver in a rash and negligent manner came in the opposite direction and dashed against the above said motorcycle, due to which, the appellant sustained grievous injuries all over his body and got admitted in the hospital. Thereby, the appellant filed a claim petition claiming a compensation of Rs.30,00,000/-. Before the tribunal, the appellant examined himself as witness P.W.1 and marked exhibits P.1 to P.9 and on the side of respondents, no documents were marked and no witness was examined and the Disability Certificate was marked as Court document Ex.C.1. After trial, the Tribunal, on appreciation of oral and documentary evidence, though came to a conclusion that the accident had taken place due to the rash and negligent driving on the part of the driver of the 1^st respondent Bolero Van, however, awarded a meagre compensation of Rs.9,74,134/-. Challenging the same, the appellant has filed the present appeal seeking enhancement of the compensation fixed by the tribunal.

3. Further, the appellant also marked the Medical bills for the date from 03.09.2021 to 09.09.2021 and the Discharge summary dated 09.09.2021 as additional documents Ex.D.1 and Ex.D2 before this Court through CMP.No.12669 of 2024 and Disability Certificate dated 08.01.2025 issued by the Medical board pursuant to the order of this Court dated 28.11.2024 is marked as Ex.D3.

4. Learned counsel appearing for the appellant submitted that, the above said accident occurred solely due to the rash and negligent driving on the part of the driver of the 1^st respondent vehicle, due to which, the appellant sustained functional disability and at the time of accident, the appellant was aged about 33 years and was working as a Mason and due to the injuries sustained by him in the above said accident, the appellant is not able to continue his avocation which he was carrying on before the accident and due to which, his earning capacity got reduced. Further, for the said accident, an FIR also came to be registered as against the driver of the 1^st respondent vehicle. Further, at the time of the accident, the appellant was earning a sum of Rs.25,000/- per month, however, the tribunal had taken the monthly income of the appellant as Rs.8,000/-, which is very meagre and as the appellant sustained permanent functional disability, he could not do his day to day activities without the help of another person and he has to be taken care of till his life time. However, the Tribunal had failed to award any compensation under the head “Attender charges”. Further, the compensation awarded under other heads are also on the lower side and the same requires to be reconsidered and a higher compensation ought to be awarded to the appellant. Accordingly, she prays for appropriate enhancement in favour of the appellant.

5. Per contra, the learned counsel appearing on behalf of the 2^nd respondent-Insurance Company submitted that, by considering all the relevant documents, the Tribunal has rightly awarded the compensation, which does not require any enhancement. Accordingly, he prays for dismissal of the appeal.

6. Heard learned counsel on either side and perused the materials available on record.

7. The factum and manner of the accident is not disputed by the parties. Therefore, this Court is not entering into the said aspect. The major grievances of the appellant is with rega