The court affirmed the claimant's right to appropriate compensation for loss of income and disability, emphasizing the necessity of equitable compensation based on accurate assessment of injury impact.

JUDGMENT :

S.Sounthar, J.

Aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Perambalur, the claimant has come before this Court.

2. It is not in dispute that appellant/claimant suffered injury in a road accident on 04.06.2017 involving the bus belonging to the 1^st respondent and insured with the 2^nd respondent. The learned counsel appearing for the appellant advanced arguments only on the question of quantum of compensation.

3. Before the Tribunal, the claimant/appellant was examined as PW.1 and the Manager of the petitioner was examined as PW.2. The Driver of the 3^rd respondent's bus was examined as RW.1.

4. The Tribunal fixed negligence on the part of the driver of the 1st respondent's bus and held being an insurer, the 2^nd respondent is jointly and severally liable. The respondents 1 and 2 have not filed any appeal. Though the 2^nd respondent is served and his name appeared in the cause-list, there is no representation for the 2^nd respondent. The 1^st respondent was set exparte before the Tribunal and hence, notice to the 1^st respondent is dispensed with. The 3^rd respondent is only a formal party and he is also served and represented by counsel.

5. Based on the evidence available on record, the Tribunal awarded a sum of Rs.2,17,750/- in favour of the claimant. Not satisfied with the quantum of compensation awarded by the Tribunal, the claimant has come by way of this appeal.

6. The learned counsel appearing for the appellant would submit that the certificate issued by employer of the appellant/claimant-Ex.P13 and P14 would indicate that the petitioner had not attended the duty from 15.07.2017 to 31.03.2018 and therefore, effectively the petitioner was prevented from attending the duty for nearly 8 months. However, the Tribunal granted loss of income only for period of four months and hence, the amount under the said head requires enhancement. The learned counsel further submitted that amount of Rs.5,000/- fixed per percentage of the disability is very much on the lower side having regard to the date of accident, which had taken place in the year 2017.

7. The Manager of the Company in which the claimant is employed was examined as PW.2 by the claimant. He talks about the absence of claimant from duty. The claimant also produced Ex.P13 and P14- Certificates issued by the employer. A perusal of the same would suggest that the petitioner did not attend duty till 31.03.2018. The accident had taken place on 04.06.2017. Therefore, it is clear that the petitioner was disabled from attending the duty for nearly 10 months. Ex.P14-Certificate issued by employer would indicate that the petitioner joined the duty only on 02.04.2018, after accident on 04.06.2017. Therefore, the petitioner is entitled to loss of income for 10 months. However, the Tribunal granted loss of income only for four months. As per Salary Slip issued by the employer to the claimant marked as Ex.P7, the salary of the claimant was mentioned as Rs.19,126/-. Ex.P14, would indicate that petitioner was sanctioned paid leave for 45 days. Therefore, this Court is inclined to grant loss of income for 8 months only. The petitioner is entitled to Rs.1,53,008/- under the head of loss of income during treatment period (Rs.19,126 x 8).

8. The Tribunal granted only Rs.5,000/- for 1% of the disability, the accident had taken place on 04.06.2017. Following decision of a Division Bench of this Court in Future General India Insurance Company Limited vs. Manivannan and others (C.M.A.No.3334 of 2021, dated 15.06.2022), the claimant is entitled to Rs.7,000/- per percentage of the disability having