Compensation for injuries sustained in a motor accident should adequately reflect the severity of injuries and permanent disability, warranting enhancement from the initial award.

JUDGME NT

This appeal, under Section 173 of Motor Vehicles Act, has been filed by the appellant / claimant for enhancement of the sum awarded in M.C.O.P.

No.1456 of 2014 on the file of the Exclusive Motor Accident Claims Tribunal, Tirupur.

2. Shortly stated, on 15.06.2014, at about 6.30 a.m., when the appellant was riding his TVS XL Super Moped bearing Registration No. TN 51-S-1730, from north to south near Sakthi Motors on Tirupur to Palladam Road, a Maruthi Car bearing Registration No.TN-76-Y-8317 belonging to the 2^nd respondent, driven by the 1^st respondent in a rash and negligent manner, hit the appellant's vehicle and another TVS XL moped bearing Registration No. TN-42-C-7693 from behind. Due to the said accident, the appellant suffered grievous injuries on his head and all over his body. He was treated at OMC Hospital and at Sri Kumaran Hospital, Tirupur.

3. The claimant filed the above MCOP claiming compensation of Rs.10,00,000/- for the injuries sustained by him in the said accident. The 3^rd respondent / Insurance Company resisted the said claim petition by stating that the accident was occurred due to the rash and negligent riding of the appellant / claimant and that the 1^st respondent did not have a valid driving licence and hence they are not liable to pay any compensation to the claimant and prayed for dismissal of the claim petition.

4. The Claims Tribunal framed necessary issues and came to the conclusion that the accident took place due to the rash and negligent driving of the 1^st respondent and that the claimant is entitled to claim compensation. After analysing the oral and documentary evidence, the tribunal awarded a compensation of Rs.2,77,696/- to the claimant and directed the 3^rd respondent / Insurance Company to pay the said award amount, at the first instance, together with interest at the rate of 7.5% per annum from the date of claim petition till the date of realisation, and then recover the same from the respondents 1 and 2, since the 1^st respondent, driver of the 2^nd respondent’s vehicle, did not produce his driving license at the time of inspection of the vehicle.

5. Seeking enhancement of compensation, the present Civil Miscellaneous Appeal is filed by the appellant/claimant.

6. The learned counsel for the appellant/claimant would contend that, the appellant sustained severe permanent injuries, including a Left Frontal Occipital Bone Fracture, an Ulna fracture and Post-Traumatic Vitreous Haemorrhage in the right eye and suffered a loss of vision in the right eye, which has led to the assessment of the Medical Board that the appellant has suffered 70% permanent disability. The Tribunal failed to consider that the appellant sustained extensive and grievous injuries affecting his eye, ear and hands, which necessitated multiple surgeries, as evidenced by the Medical records marked as Ex.P4 to Ex.P11, and erroneously awarded a consolidated sum of Rs.75,000/- towards grievous injuries suffered by the appellant. According to the learned counsel for the appellant, the Tribunal ought to have applied multiplier method to compute the loss of future earning capacity of the appellant. He further submitted that the appellant was a Senior tailor at Scholar Knit Fashions earning a sum of Rs.12,000/- per month. However, the Tribunal, without any justifiable reason, reduced the monthly income of the appellant to Rs.9,000/-. Hence, prayed for enhancement of compensation awarded by the Claims Tribunal.

7. On the other hand, the learned counsel for the 3^rd respondent /

Insurance Company submitted that, Dr. Sivakumar, one of the Members of Government Hospital Medical Board, who was examined as R.W.2 has admitted that the disability Certificate has not been issued in the format as specified in the guidelin