The Court emphasized appropriate compensation for disability and loss of earning capacity due to injuries sustained in a road accident, mandating reevaluation of damages awarded.

This Civil Miscellaneous Appeal is filed by the claimant seeking enhancement of compensation being not satisfied with award dated 10.04.2019 passed by the Motor Accident Claims Tribunal, Special Sub Court No.1, Small Causes Court at Chennai. directing the second respondent Bajaj Allianz General Insurance Co. Ltd. to pay compensation of Rs.2,00,100/- for the injuries sustained by the claimant in the road accident occurred on 23.07.2008.

2. The case of the claimant is that when he was riding his two wheeler from Vellavedu to Poonamallee, a lorry which is proceeding towards Poonamallee hit when he was trying to negotiate a bus coming in the opposite direction. In the said accident, he sustained grievous injuries. Therefore, he sought for compensation of Rs.35.00 lakhs, alleging that the injury has impaired his earning capacity as a staff in a private bank and further a fracture in the neck has caused permanent disability of 21%.

3. The Tribunal after taking note of the oral evidence of the claimant that he is facing pain on his right leg, difficulty in walking, standing for a long time, disability in climbing stairs and squatting had awarded a sum of Rs.2,00,100/- as under:

1. Disability : Rs. 63,000/- 2. Pain and Sufferings : Rs. 20,000/- 3. Transportation : Rs. 3,000/- 4. Medical Expenses : Rs. 43,750/- 5. Extra Nourishment : Rs. 10,000/- 6. Attender Charges : Rs. 5,000/- 7. Loss of Earnings : Rs. 35,357/- 8. Loss of future prospects : R s. 20,000/- Total Compensation is fixed at: Rs.2,00,107/- Rounded off to : Rs.2,00,100/-

4. Learned counsel appearing for the appellant submits that the petitioner is not able to continue his job and he was forced to resign which is reflected in Ex.P.11. Hence, multiplier should have been applied for the loss of income and not a standard income of Rs.3,000/- per percentage. That apart, he also contends that there is ample evidence to show that the injury has caused 21% permanent disability and the claimant is facing difficulty in carrying on his day-to-day activities which has a direct impact on his quality of life and future prospects.

5. Learned counsel for the second respondent/Insurance Company submits that the petitioner has resigned the job on his own for personal reasons and not because of the injury sustained, which could be easily found from the resignation letter, marked as Ex.P.11. Though the accident took place in the month of July, 2008, he has resigned the job only in the year 2010 which would show that there is no relevancy between the resignation and the injury. Further he submits that there is no legal evidence to show that 21% disability has caused any loss in his earning capacity.

6. This Court has considered the rival submissions and the evidence adduced by the claimant. It is well found that he was working as a Sales Manager in HDFC Bank, Tiruvallur earning a sum of Rs.40,000/- per month at the time of accident. The accident was found to be due to the negligence of the driver of the bus bearing Registration No.TN 20 AH 2589 insured with the second respondent.

7. The Medical Board after assessing the injuries had opined the disability percentage as 21%. The nature of the injury as per the medical record reveals that the claimant has sustained compound fracture Grade 3 A Ipsilateral right lower limb injury with fracture neck of femur comminuted fracture patella and spiral comminuted fracture tibia (Schatzker Type VI)

and the injury appears to be grievous in nature.

8. The claimant being a sales manager in a bank and proved to have earning around Rs.40,000/- per month by producing appointment order, salary certif