Judicial assessment of compensation claims under motor accident statutes requires meticulous scrutiny of evidence and calculations on loss and medical expenses.

JUDGMENT :

J. Nisha Banu, J.

C.M.A.No.2645 of 2024 has been filed by the appellant/Insurance Company challenging the the judgment and decree dated 24.01.2024 made in M.C.O.P.No.3281 of 2017 on the file of the Motor Accidents Claims Tribunal, Special Sub-Court, Cuddalore, by which, the appellant/Insurance Company was directed to pay a sum of Rs.44,01,632/- as compensation to the 1st respondent/ injured claimant. C.M.A.No.3133 of 2024 has been filed by the injured claimant for enhancement of compensation.

2. The case in brief in the claim petition is that on 03.03.2017 at about 19.30 hours, when the claimant was travelling in an auto rickshaw bearing Regn.No.TN-15-9526, the said auto was driven in a rash and negligent manner and dashed against another auto bearing Reg.No.TN-32-H-0609 which came in the opposite direction. Due to the impact, the claimant sustained grievous injuries. He was taken to Government Hospital, Mundiyampakkam and then taken to MIOT Hospital, Chennai and treated as inpatient from 04.03.2017 to 06.03.2017 and surgery was done on 04.03.2017 and then, he was taken to Government General Hospital, Chennai and treated as an inpatient from 07.03.3017 to 08.05.2017 and surgery was done on 22.03.2017. Thereafter, he took further treatment in private hospitals. According to the claimant, the said accident occurred only due to rash and negligent driving of the driver of the auto rickshaw bearing Reg.No.TN-15-9526. According to the claimant, the 1^st and 2nd respondents/ owner and insurer of the said Auto Rickshaw bearing Regn.No.TN-15-9526 are jointly and several liable to pay the compensation to the claimant. The claimant had claimed a sum of Rs.50,00,000/- as compensation.

3. The appellant Insurance Company has challenged the quantum of compensation awarded by the Tribunal. The injured claimant has has sought for enhancement of compensation.

4. Learned counsel for the appellant Insurance Company would state that there is no evidence in respect of earning capacity being affected on a permanent basis and therefore, adopting the multiplier method and granting such a huge sum of Rs.36,28,800/- under the head of loss of earning capacity is not proper. He would further state that the Tribunal erred in awarding a sum of Rs.97,200/- towards Transport expenses without proper bills. The amount of Rs.1,20,000/- awarded for pain and sufferings, Rs.1,00,000/- towards loss of amenities and the amount awarded under the other heads are not in consonance with the facts and evidence. Hence, he would pray that the award passed by the Tribunal is liable to be set aside.

5. Learned counsel for the injured claimant would state that the injured is 32 years old and he is a M.Sc., M.Phil., graduate. He was employed in a private company and was earning a sum of Rs.25,000/- per month. The injured sustained 'compound grade 3B, severely comminuted both bone fracture in right leg, segmental shaft of femur fracture in right leg, chest injury-bilateral posterior basal dependent atelectasis'. He was treated as an inpatient for nearly 7 times and 8 surgeries were done. The medical board assessed his disability at 75%. The learned Tribunal ought to have converted it into 100% for loss of earning. Further, the Tribunal has granted only Rs.35,000/- as attender charges which is very low. He would further state that the Tribunal ought to have fixed better notional monthly income. Hence, he would pray to enhance the compensation awarded by the Tribunal.

6. Heard the learned counsel for the Insurance Company, the learned counsel for the claimant and perused the materials available on record.

7. The Tribunal, under the impugned award, directed the Insurance Company to pay the claimant, a compensation of Rs.44,01,632/-(Rupees Forty Four lakhs One thousand Six Hundred and Thirty Two only) as detailed hereunder: