J U D G M E N T

This Civil Miscellaneous Appeal has been filed by the appellant as against the order passed in M.C.O.P.No.1917 of 2007 on the file of the Motor Accidents Claims Tribunal-cum-IV Additional Sub Court, Madurai, wherein, the appellant/petitioner had filed petition for enhancement of compensation.

2. The Tribunal has awarded a sum of Rs.59,494/- (Rupees Fifty Nine Thousand Four Hundred and Ninety Four only only) towards compensation. As against the award passed by the Tribunal, the present appeal has been preferred by the appellant/petitioner for enhancement of compensation. 3. The learned counsel appearing for the second respondent fairly conceded that there is no dispute on the liability and only dispute is the quantum. Therefore, they have no objection and requested this Court to pass orders, on merits.

4. According to the petitioner, on 22.02.2007 at about 22.30 hours, when the petitioner was riding motor cycle bearing Registration No.TN-30-

T-8511 along with one Anbalagan as pillion rider from Melur to Alagar Kovil road, the Auto bearing Registration No.TN-59-T-7978 came in a opposite direction in a rash and negligent manner and dashed against the petitioner's Motor cycle, due to which, the petitioner and the pillion rider were thrown away from the motor cycle and the pillion rider died on the spot itself. The petitioner sustained multiple grievous injuries and fracture on the metacarpus bone. The accident took place due to the negligence on the part of the driver of the first respondent vehicle. The first respondent vehicle was insured with the second respondent. The petitioner claimed a sum of Rs.2,00,000/-

(Rupees Two Lakhs only) towards compensation.

5. The second respondent denied the age, income and occupation of the petitioner and the driver of the first respondent is not liable for the accident and rider of the Motor Cycle without following Rules, dashed against the Auto and thereby, the second respondent is not liable to pay any compensation to the appellant/petitioner. Hence, the petition is liable to be dismissed.

6. Before the Tribunal, in order to prove the case of the petitioner, the petitioner has examined P.W.1 to P.W.3 and marked Exs.P.1 to P.10. On the side of the respondents, no witnesses were examined and no documents were marked.

7. After evaluating the oral and documentary evidence adduced on the side of the petitioner, the Tribunal has awarded a sum of Rs.59,594/- (Rupees Fifty Nine Thousand Five Hundred and Ninety Four only) towards compensation along with interest at the rate of 7.5% per annum from the date of the petition till the date of realization. Aggrieved over the order of the Tribunal, the appellant /petitioner has filed present appeal for enhancement of compensation.

8. The learned counsel appearing for the appellant would contend that the petitioner sustained grievous injuries and disability of 15%. In order to prove the disability, the Doctor who assessed the disability of the petitioner has been examined as P.W.3 and he deposed about the percentage of the disability. But the Trial Court has awarded only a meager amount of a sum of Rs.59,494/- (Rupees Fifty Nine Thousand Four Hundred and Ninety Four only) on various heads. The award amount awarded by the Tribunal is meager. Hence, the award passed by the Tribunal is liable to be enhanced.

9. The learned counsel appearing for the second respondent would contend that already the Trial Court has awarded the reasonable compensation by considering the nature of injuries and the appellant/petitioner's disability is not permanent disability and his disability is only15% . Thereby, the petition is liable to be dismissed.

10. This Court after hearing learned counsel appearing on either side and perusing the documents including the order of the Tribunal frames the following point for determination in this appeal:

i. Whether the appeal is liable to be allowed or not?

11. In this case, there is no dispute with regard to the negligence on the part o