COMMON JUDGMENT

This Civil Miscellaneous Appeal has been filed by the respective claimants for enhancement of compensation awarded in M.C.O.P.No.20 and 21 of 2015, dated 14.02.2019 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Cuddalore.

2. For better appreciation, the parties are referred according to their litigative status before the Tribunal below.

3. The facts leading to filing of the claim petition are as follows :

3.1 On 22.10.2014 at about 4.45 p.m, while the petitioner in M.C.O.P.No.21 of 2015 was riding his motorcycle with the petitioner in M.C.O.P.No. 20 of 2015 as pillion rider near Adhi Narayanapuram Cemetery, Perumal Earikarai Road, the car belongs to the first respondent driven by its driver in rash and negligent manner dashed against the two wheeler which resulted in causing serious injuries to the both claimants.

3.2 After treatment, they have come forward with these claim petitions seeking compensation for a sum of Rs. 25,00,000/- each by invoking under Section 166 of Motor Vehicle Act. The owner of the car has not contested the claim and remained exparte. The second respondent is the insurer and contested the claim on the ground that the driver of the first respondent is not responsible for the accident. Hence, the insurance company is liable to take up the complaint and they further disputed disability of the claimants and also the compensation claimed by the petitioners under various heads.

4. The Tribunal after considering the evidence placed on record has accepted the case of the claimants and awarded Rs. 3,23,000/- to the claimant S.Dhinakaran in M.C.O.P.No.20 of 2015 and awarded Rs.4,30,830/- to the claimant A.Rajesh Kumar in M.C.O.P No. 21 of 2015. The Tribunal has also awarded interest at the rate of 7.5% p.a from the date of application till the date of deposit.

5. Aggrieved over the quantum of compensation awarded by the Tribunal, both the claimants have filed separate appeals and respondents have not challenged the award.

6. The learned counsel for the claimants submits that the Tribunal has not properly awarded the compensation to both the claimants and the compensation awarded under various heads is also on the lower side and prays to enhance the same.

7. He further submits that in the case of A.Rajeshkumar, the medical board has assessed permanent disability of 52% on his whole body due to the forefoot Amputated, right middle 3rd comminuted fracture shaft of femur, type 3 Tibial Plateau fracture of right tibia. But the Tribunal has not awarded compensation for treating the disability. In this case, he has lost earning capacity and prays to award just compensation.

8. The learned counsel for the insurance company submits that the Tribunal after taking note of the evidence placed on record has rightly awarded just compensation and there is no reason for enhancing the compensation awarded by the Tribunal.

9. I have considered the submissions of either side and perused the entire evidence placed on record.

10. As far as the claimant S.Dhinakaran concern, he has sustained right comminuted mid 3rd Distal 3rd junction shaft Femur Fracture, LCL tear and hemarthrosis. He was subjected to Medical Board examination and assessed 26% permanent disability to his whole body due to the fracture distal fuirm. Except the disability, there was no evidence placed on record to show that this injury has let to loss on his earning capacity. After considering the evidence, the Tribunal has rightly held that the claimant herein has not sustained any functional disability and by adopting percentage method, the Tribunal has awarded compensation. This court finds there is no infirmity in awarding compensation by treating the injuries as a non-functional disability. However, this Court by following the norms of awarding Rs. 4,000/- for the injuries sustained in the year 2014. Accordingly, the compensation awarded under the head disability is modified as 26 x Rs.4000=Rs.1,04,000/-

11. The Tribunal has not awarded