Court enhances initial compensation awarded for injury due to negligence, ensuring fair assessment of disability, pain, suffering, and loss of income, ultimately modifying the total compensation amount to Rs. 3,87,289/-.

JUDGMENT :

S.Sounthar, J.

Aggrieved by the quantum of compensation fixed by the Motor Accident Claims Tribunal, the injured claimant has come before this court by way of this appeal seeking enhancement of the compensation.

2. It is the case of the appellant/claimant that he suffered injury in a road accident that had taken place on 18-07-2017. According to him, he was driving a two-wheeler along with a pillion rider namely Sivaraj proceeding from Omalur to Tharamangalam Main Road. When his two- wheeler came near Sekar Coir Mill, the lorry belonged to the first respondent and insured with the second respondent came in a rash and negligent manner and dashed against the two-wheeler. As a result of the accident, the pillion rider Sivaraj died and the appellant herein sustained grievous injuries. Hence, the claim petition was filed seeking compensation of Rs.50 lakhs for the injuries suffered by the claimant.

3. The first respondent, owner of the lorry remained ex-parte before the Tribunal and the claim petition was opposed by the second respondent/ insurance company on the ground that there was no negligence on the part of the driver of the lorry and the entire negligence was only on the part of the claimant.

4. The Tribunal, based on the evidence available on record, came to the conclusion that the accident had occurred only due to the negligence on the part of the driver of the lorry. The Tribunal also found that there was violation of policy conditions as driver of the lorry did not possess valid driving license and hence, pay and recovery order was passed against the insurer. The compensation payable to the claimant was quantified at Rs. 2,46,759/-. Not satisfied with the quantum, the claimant has come before this Court.

5. The learned counsel for the Appellant submitted that due to the accident, the claimant suffered injury in his private part and the disability suffered by him has been spoken to by the doctor who was examined as PW3. The Tribunal, without proper appreciation of evidence of PW3, erroneously fixed permanent disability at 12% and awarded meagre compensation of Rs.36,000/- under the head permanent disability. The learned counsel also submitted that the Tribunal committed an error in not awarding compensation under the head loss of income.

6. The learned counsel for the Second Respondent/ Insurance Company submitted that the competent medical board which examined the claimant assessed the disability at 12 %. Therefore, the Tribunal was justified in awarding compensation based on the disability certificate issued by the medical board.

7. In the award, though the Tribunal referred about the disability certificate issued by the Medical Board attached with the Joint Director of Health Services, Salem, the same has not been mentioned as an exhibit in the annexure to the award. Therefore, this Court called for a report from the Tribunal regarding the alleged disability certificate relied on by the Tribunal.

8. Pursuant to the direction issued by this Court, the Tribunal/Special District Judge to deal with MCOP cases (FAC), Salem filed a report dated 22-04-2025 wherein it is clearly stated that the claimant was referred to Medical Board by the Tribunal and the Joint Director of Health Services, Salem forwarded the disability certificate issued by the Medical Board dated 28-05-2019 to the Tribunal and the same was relied on. The copy of the disability certificate issued by the Medical Board dated 28-05-2019 is also forwarded to this Court along with the report.

9. A perusal of the same would suggest that the claimant suffered stable pelvic fracture and urethral injury. I