The court emphasized the application of the multiplier method for compensation calculation in injury cases, correcting the Tribunal's reliance on the percentage method.

ORDER :

1. Today, this matter is listed under the caption “For Being Mentioned” at the instance of the Registry.

2. It is brought to the notice of the Court that in the last but one line of paragraph No.14 of the judgment dated 19.12.2024, instead of Appellant it has been stated that the Tribunal has to produce the proof for payment of Court fee for the enhanced compensation. Hence, the same may be modified.

3. In view of the above, Paragraph No. 14 of the judgment dated 19.12.2024 is recalled and shall stand replaced with the following paragraph:

“14. Accordingly, the appeal is allowed and the impugned Award of the Tribunal is modified by enhancing the compensation amount from Rs.5,20,900/- to Rs.19,98,500/-. The 2nd respondent-Insurance Company is directed to deposit the above said amount awarded by this Court to the credit of M.C.T.O.P.No.404 of 2020 along with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, within a period of six (6) weeks from the date of receipt of a copy of this judgment. On such deposit being made, the Tribunal is directed to transfer the said amount directly to the bank account of the appellant through RTGS within a period of two (2) weeks thereafter, upon production of necessary proof for payment of court fee for the enhanced compensation by the appellant. It is underscored that the appellant is not entitled to any interest for the default period, if any. No costs.”

4. All the other observations made in the earlier order dated 19.12.2024 shall remain intact.

5. Registry is directed to carry out the necessary correction as aforesaid in the order dated 19.12.2024 and issue fresh copy of the order to the learned counsel for the parties.

1. Challenging the judgment and decree dated 22.11.2023 passed in M.C.O.P.No.404 of 2020 on the file of the Motor Accident Claims Tribunal (In the III Court of Small Causes, Chennai), the claimant has come up with this appeal.

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

3. The case of the appellant is that, on 02.09.2019 at about 6.00 pm, when the appellant was travelling as a pillion rider in a motorcycle bearing Regn.No.TN-19-AK-5260, at that time the driver of the car bearing Regn.No.TN-11-Q-5807 belonging to the first respondent had driven the said car in a rash and negligent manner dashed the vehicle in which the appellant was travelling, as a result of which, the appellant also fell down and sustained injuries. Thereby, the appellant filed a claim petition claiming a compensation of Rs.12,00,000/-. After contest, the tribunal, vide impugned judgment awarded a compensation of Rs.5,20,900/-. Aggrieved with the said order, the claimant has come up with this appeal seeking enhancement of the compensation fixed.

4. Learned counsel for the appellant / claimant submitted that, the above said accident happened solely due to the rash and negligent driving of the driver of the first respondent's car and at the time of accident, the appellant was only aged about 19 years and due to the injuries sustained by the appellant, he sustained 65% permanent disability and the same is evident from the Disability certificate issued by the Medical Board. Moreso, the appellant is a Mechanic by profession and due to the said accident, the appellant was not able to perform his work as a Mechanic. While so, without considering any of the above said facts, the tribunal, instead of adopting multiplier m