Permanent disability compensation must accurately reflect medical assessments and consider various factors for a just award, adhering to multiplier methods.

JUDGMENT :

M.Dhandapani, J.

This appeal has been filed against the judgment and decree dated 07.08.2018 passed by the Motor Accidents Claims Tribunal, Special Sub-Judge I, Chennai, in M.C.O.P.No.3492 of 2016.

2.The learned counsel appearing for the appellant submitted that on 20.03.2016, at about 15.00 hours, the appellant was travelling as a passenger in a cycle rickshaw along the T.H.Road, near Tondiarpet Manikoondu from South to North direction. At that time, a motor cycle bearing Registration No.TN 07 AS 0504 owned by the first respondent and insured with the second respondent came in a rash and negligent manner and dashed against the cycle rickshaw, due to which, the appellant sustained injuries.

3.The learned counsel appearing for the appellant further submitted that thereafter, the injured claimant/ appellant filed claim petition before the Tribunal, claiming compensation of Rs.10 Lakhs. After adjudication, the Motor Accidents Claims Tribunal awarded a sum of Rs.1,55,250/- with interest at the rate of 7.5% p.a. from the date of filing of the claim petition i.e., 13.06.2016 till the date of realisation and costs and directed that the second respondent to deposit the compensation. Aggrieved by the same, the appellant claimant has filed this appeal for enhancement in compensation.

4.The learned counsel appearing for the appellant further submitted that the appellant has filed this appeal questioning the quantum of compensation awarded by the Tribunal. The learned counsel further submitted that the Doctor has assessed the disability of the claimant as 30%, however, the Tribunal fixed the disability at 20% and awarded a sum of Rs.3,000/- per percentage of disability which is not sustainable one and further submitted that the compensation awarded under the other heads also are meagre. The learned counsel further submitted that this Court vide order dated 18.07.2024 directed the appellant to appear before the Kilpauk Medical College Hospital, Kilpauk, Chennai for medical examination, pursuant to which, the appellant appeared before the Kilpauk Medical College Hospital, Kilpauk, Chennai and the Doctor has assessed his disability as 9% permanent disability and hence, this Court may award compensation by applying the multiplier method.

5.The learned counsel appearing for the second respondent Insurance Company submitted that the Medical Board has assessed the disability at 9% and hence, this Court may reduce the amount awarded towards disability from Rs.60,000/- to Rs.27,000/- and further submitted that the amount awarded by the Tribunal under the other heads are just and reasonable.

6.Heard the learned counsel appearing for the appellant claimant as well as the learned counsel appearing for the second respondent Insurance Company and perused the materials available on record.

7.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. The tribunal after elaborately discussing the factual aspects awarded a sum of Rs.60,000/- for disability, Rs.25,000/- for pain and sufferings, Rs.15,000/- for extra nourishment, Rs.5,000/- for transportation, Rs.6,250/- for attender charges, Rs.24,000/- for loss of earnings, Rs.20,000/- for loss of future prospectus and arrived at a total compensation of Rs.1,55,250/- with interest at the rate of 7.5% p.a. from the date of filing of the claim petition till the date of realisation.

8.Admittedly, before the Tribunal, the Doctor has assessed the disability of the appellant claimant as 30%, however, the Tribunal fixed the disability at 20% and awarded a sum of Rs.3,000/- per percentage of disability