Judicial review allows for compensation enhancement in motor accident claims when initial assessment is inadequate under statutory guidelines.

JUDGMENT :

M. DHANDAPANI, J.

1. The above appeal is filed by the petitioner/claimant seeking to set aside the Judgment and Decree dated 08.03.2024 passed in M.C.O.P.No. 3649 of 2021 by the Motor Accident Claims Tribunal and VI Small Causes Court, Chennai.

2. In view of the order being passed, notice to the first respondent is dispensed with.

3. It is the case of the appellant that, on 11.08.2021 at about 1.45 Hours, when the appellant was riding his motor cycle bearing Regn.No.TN 20 CD 5357, at that time a lorry bearing Regn.No.TN 73 L 5859 belonging to the first respondent driven by its driver came in a rash and negligent manner dashed the vehicle in which the appellant was riding, thereby, the appellant sustained grievous injuries. Therefore, the appellant had filed a claim petition claiming a sum of Rs.3,53,512/- for the injuries sustained by him in the said accident.

4. Before the Tribunal, the appellant had examined himself as P.W.1 and marked Exhibits P.1 to Ex.P.7. On the side of the respondents, they have neither examined any witnesses nor marked any document. After adjudication, the Tribunal awarded a sum of Rs.3,53,512/- as compensation to the appellant. Not satisfied with the same, the appellant has preferred the present appeal seeking enhancement.

5. The learned counsel appearing for the appellant submitted that, admittedly, the above said accident occurred solely due to the rash and negligent driving of the driver of the 1^st respondent lorry, due to which, the appellant sustained grievous injuries all over his body and the medical board assessed a permanent disability of 25%. Though the accident is of the year 2021, the tribunal had taken only a sum of Rs.5,000/- per percentage instead of Rs.9,000/-, which is not sustainable and the compensation awarded under the other heads are also on lower side and the same has to necessarily be enhanced. Accordingly, he prayed for appropriate orders.

6. The learned counsel appearing for the second respondent submitted that, after taking into consideration the injury suffered by the claimant, the Tribunal has rightly awarded the compensation of Rs.3,53,512/-, which does not require any enhancement. Further, he submits that the other heads awarded by the Tribunal below is just and reasonable for the injuries sustained by the claimant. Accordingly, he prays for dismissal of the appeal.

7. Heard the learned counsel appearing for the appellant and the learned counsel appearing on behalf of the second respondent and perused the materials available on record.

8. 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/claimant is with regard to the quantum of compensation awarded by the Tribunal. It is claimed by the appellant that though the accident is of the year 2021, however, the Tribunal had taken had erroneously taken a sum of Rs.5,000/- per percentage of disability. In this regard, this Court perused Ex.C.1, which is the disability certificate issued by the Medical Board and the same reveals that the appellant suffered disability of 25% and by erroneously adopting a sum of Rs.5,000/- per percentage of disability, the tribunal awarded a sum of Rs.1,25,000/-. However, as per the existing law at the relevant point of time, the Tribunal ought to have fixed a sum of Rs.9,000/- per percentage of disability. Hence, the amount under the head Disability stands enhanced to a sum of Rs.2,25,000/- (25% x Rs.9,000/- = Rs.2,25,000/-).

9. Further, a sum of Rs.8,000/- has been awarded under the head transportation expenses, which is on the lower side and the same is enhanced to a sum