Court affirmed that compensation for injuries in a road accident must be just and fair, balancing the claimant's requests with evidence of negligence.

(Judgment of the Court was made by P.DHANABAL,J.)

This Civil Miscellaneous appeal has been preferred as against the fair and decreetal order passed by the Motor Accident Claims Tribunal / Subordinate Court, Tiruchengodu in M.C.O.P. No.361 of 2014 dated 07.07.2022, wherein the appellant herein has filed a petition for compensation through his guardian mother for the injuries sustained by him in a Road accident. The Tribunal passed an Award by granting compensation of Rs.28,94,000/- with interest @ 7% per annum from the date of the petition till the date of deposit.

2. With the consent of both sides' counsels, this petition has been taken up for final disposal at the admission stage itself.

3. Before the Tribunal, the appellant has filed a petition stating that on 11.07.2002 at about 3 p.m., the appellant was travelling as a pillion rider in a two wheeler bearing Registration No.TN28-S-4971. At that time, the driver of the two wheeler rode the vehicle in a rash and negligent manner and dashed against a compound wall near Aliyaar check post, Chinnarpathi. Due to that impact, the appellant was thrown out from the motor cycle and sustained injuries in all over his body and he was admitted in the K.G. Hospital as inpatient. The accident took place due to the negligence on the part of the rider of the two wheeler and FIR has been registered as against the rider of the two wheeler. At the time of accident, the appellant was aged about 23 years and he was a II year MBA Student in Tamil Nadu Engineering College, Karumathampatti, Coimbatore. Due to the injuries sustained by him, he lost his concious. Therefore, his mother filed this petition as guardian to the appellant. They incurred huge amount for medical expenses and thereby, claimed a compensation of Rs.25 lakhs.

4. The 2nd respondent has filed a counter before the Tribunal stating that the petitioner has to prove the negligence and the injuries sustained by him. The age of the petitioner, manner of accident, injuries and expenses incurred are to be proved by way of acceptable evidences. The amount claimed by the petitioner is too high. Therefore, the petition is liable to be dismissed.

5. Based on the above pleadings, the Tribunal has framed the following points for determination

5.1. Whether the accident took place due to the negligence on the part of the driver of the vehicle of the 1st respondent.

5.2. Whether the petitioner sustained permanent disability.

If so, what is the percentage.

5.3. Whether the petitioner is entitled for compensation, if so, what is the quantum.

5.4. Who has to pay compensation amount to the petitioner.

6. Before the Tribunal, on the side of the claimant, PW1 and PW2 were examined and Ex.P.1 to Ex.P.14 were marked. On behalf of the respondent, no oral or documentary evidences were adduced. After evaluating the oral and documentary evidences available, the Tribunal has passed an Award directing the 2nd respondent Insurance Company to pay a sum of Rs.28,94,000/- with interest @ 7% from the date of the petition till the date of deposit of the amount. Aggrieved by the said Award, the appellant / claimant has preferred this Civil Miscellaneous Appeal on the ground of 'inadequate compensation'.

7. The learned counsel appearing for the appellant would submit that on 11.07.2002 at about 3 p.m., when he was riding as a pillion rider in a two wheeler, which was insured with the 2nd respondent Insurance company, met with an acicdent due to the negligence of the rider of the motor cycle and sustained injuries. Due to which, he sustained permanent disability and he was unable to move and he lost his eye sight and he was affected with paralysis and the Medical Board has assessed his disability as 85%. The appellant was