J U D G M E N T

The matter is heard through “Video Conferencing/Hybrid mode”.

2.This Civil Miscellaneous Appeal has been filed for enhancement of compensation granted by the award dated 30.01.2019 made in M.C.O.P.No.209 of 2014 on the file of the Motor Accident Claims Tribunal, Sub Court, Tiruchengode.

3.The appellant is the claimant in M.C.O.P.No.209 of 2014 on the file of the Motor Accident Claims Tribunal, Sub Court, Tiruchengode. He filed the above said claim petition, claiming a sum of Rs.15,00,000/- as compensation for the injuries sustained by him in the accident that took place on 26.12.2013.

4.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the rider of the motorcycle belonging to the 1st respondent and directed the 2nd respondent-Insurance Company to pay a sum of Rs.2,14,515/- as compensation to the appellant.

5.Not being satisfied with the amounts awarded by the Tribunal, the appellant has come out with the present appeal seeking enhancement of compensation.

6.The learned counsel appearing for the appellant contended that in the accident the appellant sustained fracture in right femur shaft M/3, comminuted grade IV fracture in patella, right osteochondral injury, fracture in right tibia M/3 and multiple injuries all over the body. He has taken treatment in the Tirukumaran Hospital, Tiruchengode as inpatient for 15 days from 26.12.2013 to 09.01.2014. The District Medical Board, Namakkal District examined the appellant and certified that appellant suffered 10% disability and issued Ex.P8/disability certificate to that effect. The Tribunal awarded a meagre sum of Rs.30,000/- towards disability at the rate of Rs.3,000/- per percentage of disability. The Tribunal ought to have awarded a sum of Rs.5,000/- per percentage of disability. After discharge from Hospital, the appellant could not do his work as he was doing earlier and the Tribunal ought to have awarded compensation by adopting multiplier method for loss of earning capacity. At the time of accident, the appellant was a Power Loom Worker aged 26 years and was earning a sum of Rs.30,000/- per month. But, the Tribunal fixed a meagre sum of Rs.7,000/- per month as notional income of the appellant and awarded compensation for loss of income only for six months. The Tribunal failed to award any amount towards attendant charges, loss of amenities, transportation and future medical expenses and the amounts awarded by the Tribunal towards extra nourishment, pain and sufferings and loss of income are meagre and prayed for enhancement of compensation.

7.Per contra, the learned counsel appearing for the 2nd respondent-

Insurance Company contended that the Tribunal accepted the disability certificate issued by the Medical Board and awarded a sum of Rs.30,000/- for 10% disability at the rate of Rs.3,000/- per percentage of disability and the same is not meagre. The appellant has not proved that he suffered functional disability and lost his earning capacity. Hence, he is not entitled to any compensation towards loss of earning capacity by adopting multiplier method. The appellant has not produced any document to prove his avocation and income. In the absence of any material evidence with regard to avocation and income, a sum of Rs.7,000/- per month fixed by the Tribunal as notional income of the appellant is excessive. The Tribunal considering the entire materials on record, has awarded a sum of Rs.2,14,515/- as compensation to the appellant under different heads and the same is not meagre. The appellant has not made out any case for enhancement of compensation and prayed for dismissal of the appeal.

8.Heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the 2nd respondent-Insurance Company and perused the entire materials on record.

9.It is the case of the appellant that in the accident he sustained fracture in right femur shaft M/3, comminuted grade