The court emphasized the need for fair assessment of disability and injury compensation, leading to enhanced compensation due to inadequacies in the initial award.

JUDGMENT :

1. Challenging the judgment and decree dated 12.06.2024 made in M.C.O.P.No.3415 of 2019 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai, the claimant has come up with this appeal.

2. Mr.J.Chandran, learned counsel takes notice on behalf of the 2^nd respondent.

3. It is the case of the claimant that, on 03.05.2019, at about 13.30 Hrs., when the petitioner was riding the motor cycle bearing Reg.No.TN- 05-BP-5286 from east to west near Murasolimaran Park, Paper Mills Road, Perambur, Chennai at that time a motor cycle bearing Reg.No.TN- 18-AM-6241 proceeding from the opposite direction driven in a rash and negligent manner at a high speed dashed against the petitioner's motor cycle, due to which the petitioner was sustained right leg fracture and grievous injuries all over the body, immediately he was taken to Government Stanley Hospital, Chennai. The driver of the motor cycle bearing Reg.No.TN-18-AM-6241 is responsible for the above said accident. Therefore, the respondents are being the owner and insurer of the motor cycle bearing Reg.No.TN-18-AM-6241 are liable to pay compensation to the petitioner. Therefore, the appellant filed a claim petition in M.C.O.P.No.3415 of 2019 claiming a compensation of Rs.10,00,000/-.

4. Before the Tribunal, the petitioner was examined himself as P.W.1 and marked Exs.P1 to P8 and no witnesses and documents were examined and marked on the side of the respondents and Disability Certificate issued by the Medical Board was marked as Ex.C1.

5. After trial, though the Tribunal, on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place solely due to the negligence on the part of the 1^st respondent, however, awarded a meagre amount of Rs.1,69,100/- towards compensation for the claimant.

6. Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellant/claimant has come up with this appeal seeking enhancement of compensation.

7. The learned counsel for the appellant submitted that at about 1.30 p.m., when the petitioner was riding the motor cycle bearing Reg.No.TN-05-BP-5286 from east to west near Murasolimaran Park, Paper Mills Road, Perambur, Chennai, at that time, the driver of the 1^st respondent vehicle driven by the rider of the vehicle bearing Reg.No.TN 18-AM-6241 in a rash and negligent manner and dashed against the appellant, due to which, the petitioner sustained grievous injuries all over the body. In the present case, Medical Board was assessed 20% as disability and the year of the accident is 2019, the Tribunal has awarded only Rs.5,000/- per percentage, which is very low. Therefore, the same has to be enhanced. Criminal case was filed as against the rider of the 1^st respondent vehicle, insured with the 2^nd respondent, marked as Ex.P1, however, the claims Tribunal without any evidence had been fixed 20% contributory negligence is not sustainable. The Tribunal fixed contributory negligence, only on the basis of the evidence. Accordingly, he prayed for appropriate orders.

8. Per contra, the learned counsel appearing on behalf of the 2^nd respondent-Insurance Company contended 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.

9. This Court has carefully considered the submissions made by the learned counsel on either side and perused the materials available on record.

10. The factum and manner of the accident is not disputed by the parties and therefore, this Court is not venturing into the sam