JUDGMENT :

R. KALAIMATHI, J.

1. By consent of both parties, the appeal is heard and disposed of at the stage of admission itself.

2. The claimant herein has preferred the Civil Miscellaneous Appeal against the Award dated 18.07.2025 passed in MCOP.No.3392 of 2020 on the file of Motor Accidents Claims Tribunal, Special Court No.1, Small Causes Court, Chennai for enhancement of compensation.

3. The parties are indicated herein as per their litigative status and ranking before the Claims Tribunal.

4. The facts leading to filing of the present Civil Miscellaneous Appeal is as follows:

(i) On 22.10.2020 at 09.45 a.m., while the petitioner was proceeding in College Road, Nungambakkam in his motor cycle bearing Regn.No.TN-01-BB-5747, a bus belonging to Metropolitan Transport Corporation Ltd., bearing Regn.No.TN-01-AN-0840, driven by its driver in a rash and negligent manner, which was coming behind the two wheeler, hit against the two wheeler. Due to which, the petitioner sustained fracture on his legs and degloving injuries and multiple injuries all over the body.

(ii) The respondent is the owner of the bus driven by its driver.

(iii) Since the accident occurred only due to the rash and negligent driving of the driver of Transport Corporation, respondent-owner of the offending vehicle is vicariously and statutorily liable to pay compensation to the claimant.

(iv) Hence, the claimant made a claim petition before the Accident claims Tribunal/I Special Court, Small Causes Court, Chennai in M.C.O.P.No.3392 of 2020 claiming compensation of Rs.17,00,,000/- against the respondent stating that at the time of accident, the deceased was aged 44 years and was working as a godown keeper and was earning Rs.12,460/- per month. Due to the accident, the claimant was unable to do any normal work as before.

(v) Refuting the averments made in the claim petition, counter was filed by the Transport Corporation denying that the accident occurred due to the rash driving of the driver of the Transport Corporation, but it occured due to the careless driving of the two wheeler driven by the appellant when he attekmpts to overtake the bus. It also denied the income of the claimant, nature of injuries, period of treatment, disability sustained by the deceased, possession of valid driving licence by the claimant. It would further aver that the claimant, did not wear helmet and invited the accident.

(vi) At trial, on the side of the claimant, one witness was examined and fourteen documents were marked. On the respondent's side, one witness was examined and one document was marked. Apart from that Ex.X.1 and Ex.C.1 were also marked.

(vii) The Tribunal, on appreciation of oral and documentary evidence and after hearing the arguments advanced by either side counsels, awarded compensation of Rs.2,52,000/- with proportionate costs payable by the respondent to the claimant along with 7.5% interest p.a., from the date of petition.

(viii) The compensation awarded by the Tribunal to the claimants under various heads is as follows:

5. Aggrieved by the compensation awarded by the Tribunal, the claimant has preferred the present Civil Miscellaneous Appeal.

6. Learned counsel for the appellant would contend that the appellant was working as a godown keeper in a private company and was earning a sum of Rs.12,460/- per month. Due to the accident, he had sustained fracture on his left leg on both bones and degloving injury over the right leg. The Medical Board assessed the disability of the appellant at 34 %, however the Tribunal by granting meagre amount of Rs.5000/- per percentage of disability, awarded Rs.1,70,000/- towards Permanent loss of income. Due to disability suffered and the same is inadequate. He would further submit that the Tribunal fixed the notional income of the appellant at Rs.12,000/- which is also less. He further submitted that the compensation awarded to the appellant under other heads were also on the lower side. Thus, he sought for enhancement of compensation as regar