The court ruled that compensation must reflect the severity of injury and death caused by an accident, emphasizing the importance of medical evidence in determining the appropriate award.

JUDGMENT :

(M. DHANDAPANI, J.)

This appeal has been filed against the judgment and decree dated 05.04.2014 passed by the Motor Accidents Claims Tribunal, III Additional District Court, Thiruvallur at Poonamallee, in M.C.O.P.No.420 of 2010.

2.The learned counsel appearing for the appellants submitted that on 21.02.2010, at about 19.00 hours, Chittibabu was crossing Gandhi Mandapam Salai from East to West. At that time, the motorcycle bearing Registration No.TN-05-F-2898 belonging to the first respondent and insured with the second respondent came in a rash and negligent manner from North to South and dashed against Chittibabu, due to which, he sustained injuries. Thereafter, the injured Chittibabu filed claim petition before the Tribunal, claiming compensation of Rs.20 Lakhs. During the pendancy of the claim petition the said Chittibabu died and his legal heirs/ appellants herein were impleaded in the claim petition.

3.The learned counsel appearing for the appellants further submitted that after adjudication, the Motor Accidents Claims Tribunal awarded a sum of Rs.50,000/- with interest at the rate of 7.5% p.a. from the date of petition i.e., 22.04.2010 till the date of deposit and costs and directed the respondents to jointly or severally deposit the compensation amount. Aggrieved by the same, the appellants claimants have filed this appeal seeking enhancement in compensation.

4.The learned counsel appearing for the appellants further submitted that Chittibabu met with the accident on 21.02.2010 and he died during the pendancy of the claim petition on 18.01.2013, however, the Tribunal passed award only in respect of injury on the ground that his death did not occur due to the accident. The learned counsel further submitted that as per Ex.P8 – medical certificate stating the reason for death, issued by public health and welfare department of Chennai Corporation, the death occurred due to 'head injury with left hand amputation with bedsore resulting in cardiac arrest'. The learned counsel further submitted that mere non availability of records cannot negativate the claim and hence the Tribunal not awarding compensation towards fatal and awarding compensation towards injury is not sustainable one.

5.The learned counsel appearing for the appellants prayed this Court to award compensation as per the ratio laid down in the decision of the Hon'ble Apex Court in Sarla Varma and Ors. v. Delhi Transport Corporation and Anr. reported in 2009 (2) L.S. 29 (S.C.) and in the decision of the Hon'ble Apex Court in National Insurance Company Limited Vs. Pranay Sethi and others reported in MANU/SC/1366/2017.

6.The learned counsel appearing for the second respondent Insurance Company submitted that the accident occurred on 21.02.2010 and medical records for continuous treatment is available only till 09.12.2010 and thereafter no medical record is available, thereby the Tribunal passed award by treating the case as injured case and further submitted that the compensation awarded by the Tribunal is just and reasonable and hence, the impugned judgment warrants no interference.

7.Heard the learned counsel appearing for the appellants claimants as well as the learned counsel appearing for the second respondent Insurance Company and perused the materials available on record.

8.The accident and the manner in which the accident happened are not disputed. This appeal has been filed only questioning the quantum of compensation awarded by the Tribunal. Hence, there is no need for any discussion with regard to negligence aspect.

9.Insofar as the quantum of compensation is concerned, the tribunal after elaborately discussing the factual aspects awarded a sum of Rs.50,000/- for medical expenses and extra nourishment with interest at the rate of 7.5% p.a. from the date of petition i.e., 22.04.2010 till the date of deposit.

10.Perusal of Ex.P8 – medical certificate stating the reason for death, issued by public health and welfare department of Chennai Corporation reveals t